Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... that the labour courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 and the industrial courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 are courts and courts subordinate to the high court in terms of section 3 of the contempt of courts act, 1971 or rather section 10 thereof and equally nominee of the registrar acting under section 96 of the gujarat co-operative societies act, 1961 and deciding disputes under section 101 and the co-operative tribunal under that act are courts and that too courts ..... chapter 9 deals with joint committees of employees and registered union for the industry for the local area. ..... (as he then was) held that officer on special duty under section 3 of the maharashtra co-operative societies act, 1968 was a court within the meaning ofsection 3 of the contempt of courts act as he satisfied the main two criteria in order to constitute the tribunal a court. ..... held -'the officers on special duty appointed by the state government in exercise of the powers under section 3 of the maharashtra co-operative societies act 1960 under the maharashtra government notification dated 11-3-1969 are courts within the meaning of the contempt of courts act while discharging their duties under the state act'.the following pertinent observations having been made in the report 'mainly two criteria have been laid down by the decided cases in order to constitute the tribunal .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)2GLR262
..... ' it was contended in that case that an industrial dispute arises only when an employee who is dis-satisfied by an action on the part of the employee approaches the employer in the manner laid down in the proviso to section 42(4) of the bombay industrial relations act and that since the employee had made no approach to the employer at bombay, no industrial dispute had arisen at bombay. ..... it was an application made under the bombay industrial relations act, 1947 and not under the industrial disputes act, 1947. ..... it was referred by adjudication under section 10(1)(c) of the industrial disputes act by the assistant commissioner of labour, ahmedabad to the labour court at ahmedabad. ..... the expression 'appropriate government' has been defined by section 2(a) of the industrial disputes act, 1947. ..... worked at jullundar but the final administrative control on them was exercised and appointments and dismissals were made by the head office of the company at calcutta which also paid their wages, a cause of action for an industrial dispute did not arise at jullundur and therefore the state of panjab was not the 'appropriate government' to make reference under section 10 of the act. ..... in the area of the state of madhya pradesh could not mean that the company was running an undertaking in the state of madhya pradesh and that every roving salesman of a company would not be an undertaking having attributes of industry within the meaning of section 2(j) of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(88)FLR112]; (2000)3GLR2339; (2001)ILLJ409Guj
..... considering the provisions of sections 77 and 78 of the bombay industrial relations act, 1946, the apex court in the case of state of maharashtra v. ..... section 119-b of the bombay industrial relations act which authorises labour court/industrial courts to make a report to the high court in case its contempt is committed by any person and the high court, in turn, will deal with such contempt as if it were the contempt of itself by exercising powers and authority in accordance with the procedure and practice, in our opinion, will not make the labour court/industrial tribunal a 'court' constituted under the bombay industrial relations act. ..... sinha, learned counsel for the applicant-workman contended that in view of section 119-b of the bombay industrial relations act, whereby the labour court/industrial court can make a reference regarding their contempt to the high court, they are necessarily 'courts' and, therefore, no other view except to hold the labour court/industrial court as 'courts' is possible. 7. ..... modi 1994 ii clr 275, wherein this court has held that the labour court, while dealing with the matter under sections 78 and 79 of the bombay industrial relations act, is not a 'court' and, therefore, it has no jurisdiction to condone the delay by having recourse to section 5 of the limitation act. 30. .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)GLR815; (1968)ILLJ670Guj
..... in cases governed by the bombay industrial relations act, 1946, standing orders have to be ..... section 73 of the bombay industrial relations act provides for reference by state government of an industrial dispute to an industrial ..... it was also urged on behalf of the petitioners that whatever the doubt that existed before the application of the gujarat co-operative societies act as regards the applicability of the bombay co-operative societies act or the bombay industrial relations act to disputes of such nature the doubt has been resolved by the legislature by the addition of the words 'notwithstanding anything contained in any other law for the time being in ..... the labour court at rajkot, by its decision, dated 11 june, 1963, decided this issue against the petitioner and he that the bombay industrial relations act would apply to the case of the petitioner and that, therefore, the labour court had jurisdiction to hear and proceed with the application ..... that section provides that save as expressly provided in the act, no civil or revenue court shall have any jurisdiction in respect of the registration of a society or its bylaws, or the amendment of its bylaws, or the dissolution of the committee of a society, or the management of the society on dissolution thereof or nay dispute required to be referred to the registrar, or his nominee, or board of nominees, for decision; or any matter concerned with the winding up and dissolution ..... the present maharashtra co-operative societies act. at .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ2002; (2001)IILLJ511Guj
..... '6.1 section 119a of the bombay industrial relations act, 1946 deals with contempt of industrial courts, labour courts and wage boards relating to omission to produce documents or to furnish any information, intentional insult, interruption ..... here take note of the fact that section 119b of the bombay industrial relations act, 1946, throws ample light on the question whether the high court has power to punish for contempt of labour courts or industrial courts. ..... of the high court in muljibhai bhurabhai's case, there would have remained no occasion for the bench to take the view that the proceedings for breach of award made by labour court/industrial tribunal are not maintainable under the contempt of courts act, which view runs contrary to the ratio of the decision of the supreme court in income tax appellate tribunal case, that a court of record has inherent power to punish for contempt ..... the high court and whether the recruitment of labour court judges was required to be made in accordance with article 234 of the constitution of india came up for consideration of hon'ble the supreme court in the state of maharashtra vs . ..... court was not a court subordinate to the high court and not forming part of judicial service of the state, held that it was only in the decision given by the supreme court on 11.2.1998 in state of maharashtra v. ..... gujarat, reported in 1998 (2) g.l.h 151 was relied upon to point out that on the basis of the decision of the supreme court in state of maharashtra vs . .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)2GLR1030
..... these rules shall apply to all employees except: (i) those in casual employment or paid from contingencies; (ii) those governed by the standing orders under the industrial disputes act, 1948 or under the bombay industrial relations act as applicable to the state of gujarat.in view of the aforesaid provisions of the rules of the corporation and in view of the fact that the corporation itself has exercised its power of holding enquiry and imposing penalty against ..... he is not governed by the standing orders under the industrial disputes act, 1947 or under the bombay industrial relations act, as applicable to the state of gujarat. ..... it is contended that the dispute sought to be raised in this petition is an industrial dispute and remedy by way of reference to the labour court under the industrial disputes act, 1948 is available to the petitioner. ..... state of maharashtra reported in : (1987)iillj506sc and in the case of nyadar singh v. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR259
..... the second respondent thereupon filed an application under section 79 of the bombay industrial relations act 1946 alleging (1) that he was discharged with an ulterior motive on account of his having given a notice as a share-holder to another concern the behari mills co. ..... ahmedabad mill owners association 1946 industrial court reporter 87 that though the workers were not entitled to wages during the period of stoppage of work under the standing orders the jurisdiction of the industrial court to adjudicate a demand therefor was not barred by the standing order and that section 73 of the bombay industrial relations act was wide enough to cover a reference of such a dispute. ..... to hold an enquiry under the standing orders applicable to the undertaking and if no such enquiry was made and a workman was dismissed the labour court in an application under section 79 of the bombay industrial relations act can hold that the action of the employer was improper or illegal within the meaning of section 78(i) and the labour court would be justified in granting relief to the workman it also held that just as an employer can justify his action by producing evidence before the ..... 426 a division bench of the high court of maharashtra has on the other hand taken a view different from the one taken by mudholkar and patel jj. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)ILLJ155Guj
..... industrial dispute, as contemplated by the bombay industrial relations act, 1946, therefore, not only means a dispute between an employer and his employees collectively, but also includes a dispute between an individual employee against his employer which is connected with any industrial ..... 79 of the bombay industrial relations act, 1946, alleging (1) that he was discharged with an ulterior motive on account of his having given a notice as a shareholder to another concern, the ..... . though the decisions of the supreme court cited above were decisions under the industrial disputes act, 1947 relating to the power of adjudication the principle laid dawn relate to the industrial law and would aptly apply to the tribunals created under the bombay industrial relations act, especially as the act confers powers on them to examine the legality or propriety of orders passed by employers against their employees under powers conferred on them either by the contract of employment or by ..... but there was no such restriction to this power of terminating employment under the bombay industrial relations act and therefore, an employer can take action against a workman first and then justify it when such action ..... 27(1) section 78 of the bombay industrial relations act is enacted in a different context and contains a totally different language and therefore this decision cannot be ..... 31], a division bench of the high court of maharashtra has, on the other hand, taken a view different from the one taken by .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR858
..... before references arising from the demands of the workmen were made to the industrial court under the provisions of the bombay industrial relations act which applies to sugar factories in this state, a meeting of various sugar establishments situated in saurashtra region and their workmen was held at ahmedabad on june 3, 1975. ..... thereafter the tariff commission submitted its final report and after the submission of the tariff commission's report, there was also the bhargava committee report and it has been pointed out in the decision of the andhra pradesh high court that the prices of levy sugar were being fixed zone-wise for price to be paid for levy sugar as price ..... the government requested the tariff commission in 1968 to re-examine the matter relating to cost structure and zoning of sugar industry, and the tariff commission, after getting the necessary data and information from all the factories with regard to the working results and after carrying out a detailed cost investigation of selected representative factories in ..... thus, practically in all states where sugar factories producing sugar from sugarcane by vacuum pan process are situated, namely, uttar pradesh, maharashtra, tamilnadu, bihar, karnataka, andhra pradesh and madhya pradesh, have adopted the u.p. ..... the labour minister then gave the award and as a result of that award, an order was passed subsequently under section 3 sub-clause (b) of the u.p. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)0GLR18; (1976)ILLJ312Guj
..... 4-union which is the sole mouth-piece of all the cotton textile employees in the baroda region under the bombay industrial relations act, 1946, and which had its members to the extent of 1466 out of the total number of 1537 employees of the petitioner-company, had ..... inspiration from the other line of decisions which is relied upon in this maharashtra decision where the trend was started by the decision of justice tendolkar. ..... laid down by their lordships is that there must be continuity so far as the employer, employees and their joint venture or the establishment is concerned, and it is such a continuity in the changes which keeps the identity ..... therefore, these kinds of changes like a change in location or change of composition of partners or a change in the manufacturing process are changes without affecting continuity and that is why their lordships held that what was ..... fact to be borne in mind is that so far as the old mill company was concerned, even the investigation committee under the industrial development act, 1952, had recommended it to be the scrapped. ..... of the supreme court, it was held that the act and the scheme applied to all the sections and, therefore, the employer was liable to make contributions at the rates specified in the act and, therefore, the award giving lower rate in industrial adjudication could not stand in the way of the authorities' demand for the period mentioned therein regarding the provident fund and the administrative charges as per the act. .....
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