Court : Mumbai Aurangabad
..... secondly, this court has held in various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, 1968. 34. ..... be referred by any of the parties to the dispute, or by a federal society to which the society is affiliated or by a creditor of the society, to the cooperative court if both the parties thereto are one or other of the following:- (a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or nominee, heir or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the liquidator of the society .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the industrial court u/s 44 were held to be akin to its jurisdiction u/s 85 of the bombay industrial relations act (now maharashtra industrial relations ..... . the revisional jurisdiction of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record ..... maharashtra (supra), a petition under section 482 of the code of criminal procedure 1873 was filed by the employer upon an order passed by the labour court in pursuance of a complaint under section 48 of the mrtu and pulp act, 1971, in which the workman had alleged that the employer had failed to abide by an order passed by the ..... the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described ..... the magistrate can discharge the accused at any stage of the trial if he considers the charge to be groundless, but that does not mean that the accused cannot approach the high court under section 482 of the code or article 227 of the constitution to have the proceeding quashed against him when the complaint does not make out any case against him and still he must undergo the ..... the first submission which has been urged on behalf of the petitioner : under section 44 of the mrtu and pulp act, 1971 the industrial court has been vested with superintendence over the labour court .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he submits that the bombay industrial relations act, 1946, has been extended to sugar industry on 4-10-1952 and the petitioners have got necessary certificate of registration as trade unions to represent the workers. ..... , annexed to the petition at exhibit "l" be declared ultra virus of the constitution of india and it be accordingly struck down; (f) pending hearing and final disposal of this petition, the execution, implementation, operation of the act no.1 of 2012 namely maharashtra agricultural lands (ceiling on holdings) act, 2011, as published in government gazette dated 2nd of february 2012 annexed to the present petition at exhibit "l" be stayed; (g) ad interim relief in terms of prayer clause (f) may kindly be granted; (h) any other just and equitable relief ..... viii of 2006 published in maharashtra government gazette on 17-4-2006 (exhibit "a") is unenforceable and cannot be acted upon since it is not a law nor it is having force of law and the same is liable to be quashed and set aside; (e) pending hearing and final disposal of this petition, the respondents be restrained by way of injunction not to proceed further with the applications if received for grant of land under section 281-aa from the ex-lessors, in pursuance of the maharashtra act no. ..... it enables state government to grant such land or any part thereof to joint farming society of persons who had previously leased such land to the undertaking. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 189 of 1996 before the industrial court through the representative union under the bombay industrial relations act (respondent no. ..... at the cost of repetition, it may be pointed out that the regulations governing the procedure and practice of the industrial courts are framed in exercise of the delegated statutory powers vested in the industrial court under section 33 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 and such regulations validly framed, have statutory force and are required to be mandatorily followed by the industrial courts as governing the practice and procedure before it. ..... there were repeated complaints voiced in several matters arising under the provisions of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, that ex-parte orders with drastic and far reaching consequences were being made by industrial and labour courts, for the asking. ..... act, 1971 laying down the procedure for exercising the powers under section official of the said act, both by the labour courts as well as industrial courts and accordingly, the rules were amended by the industrial court sometimes in 1992. ..... state of maharashtra and others, reported in had an occasion to deal with the powers of the lower courts to entertain the applications filed under section official of the m.r.t.u. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the bombay industrial relations act, and if successful therein to seek remedy under the said act thereafter. ..... it was also sought to be contended that mere denial of status of the complainant as that of employee by the opponent, cannot non-suit the employees and such denial would not oust the jurisdiction to the industrial court to ascertain the fact situation by framing issues and asking the parties to lead evidence in mat regard, and to decide the same, possibly by summary manner. ..... has, inter alia, held that while deciding the question of maintainability of the complaint under mrtu and pulp act, the industrial court is bound to frame an issue as a preliminary issue on that count and after framing the preliminary issue decide the point of jurisdiction. ..... in that decision the question was whether in view of section 10 of the contract labour (regulation and abolition) act, 1970 the employees of contractors stood automatically absorbed in the service of the principal employer. ..... this court, in the matter of buildtech constructions, lokmat (supra), hindustan coca cola (supra) and maharashtra state power generation (supra) has laid down the law that a mere denial of employer-employee relationship in the written statement is not enough to oust the jurisdiction of the labour court or the industrial court. ..... maharashtra state power generation company ltd., vs. ..... maharashtra general kamgar union and others, 2001(1) clr 754. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, [or a representative union registered as such under the bombay industrial relations act, 1946], or any inspector under this act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3): [and in case of death of the employed person, it shall be lawful for his legal representative to make an application ..... (9) in the case of financing of a financial asset by more than one secured creditors or joint financing of a financial asset by secured creditors, no secured creditor shall be entitled to exercise any or all of the rights conferred on him under or pursuant to sub-section (4) unless exercise of such right is agreed upon by the secured creditors representing no less than three-fourth in value of the amount outstanding as on a record date and such action shall be binding on all the secured creditors: provided ..... the apex court in a case of bank of maharashtra vs. ..... the learned counsel relies on the judgment of the apex court in a case of bank of maharashtra vs. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (it) 6 of 1984 with prayer to quash relief granted in relation to demand 1,2 & 4.the reference was made by state of maharashtra under s.12(5) of the industrial disputes act,1947 ie ida hereafter. ..... petitioner before this court in both the matters is a local body constituted under the maharashtra municipal councils, nagar panchayats & industrial townships act, 1965 ( hereinafter referred to as 1965 act) while the trade union of its workmen are the respondents. ..... umadevi (3)1 does not denude the industrial and labour courts of their statutory power under section 30 read with section 32 of the mrtu and pulp act to order permanency of the workers who have been victims of unfair labour practice on the part of the employer under item 6 of schedule iv where the posts on which they have been working exist. ..... the matters were then placed before the division bench and on 13/9/2010, the division bench after noting the submission of respective counsel for parties ordered that as per chapter xvii rule 18 clause 9 of the bombay high court appellate side rules,1960 matters needed to be heard by the single judge of this court. ..... umadevi (3)1 cannot be held to have overridden the powers of the industrial and labour courts in passing appropriate order under section 30 of the mrtu and pulp act, once unfair labour practice on the part of the employer under item 6 of schedule iv is established. ..... main complaint is under section 28(1) read with items 5,9 & 10 of schedule iv of the ulp act.3. w.p. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (4) to section 3 of the bombay provincial municipal corporations act, 1949 and proviso to subclause (d) of subsection (1) to section 6 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965, (hereinafter referred to as,?the municipal councils act? ..... the present case is concerned, what is relevant is the amendment to the subsection (4) of section 3 of the maharashtra municipal corporations act, by which, a proviso has been inserted and which states that, where the population of any urban area in respect of which there is an existing council constituted under the provisions of the maharashtra municipal councils nagar panchayats and industrial townships act, as per the latest census figures has exceeded 3 lakhs, the state government may, for ..... as all this is envisaged in relation to an existing municipal council and for a municipal area, there cannot be any modification or change which is of substantial nature in the composition, boundaries, the extent of the existing municipal council unless the residents ..... thus, only to enable to publish a notification under section 3 in relation to an existing municipal council and when the urban area for which it is constituted, has a population in terms of the latest census figures exceeding 3 lakhs, that the said ..... the state government was prevented from issuing a notification in the official gazettee in terms of section 3(2) specifying the urban area as a larger urban area and in relation to parbhani city. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 2(15) of the maharashtra regional and town planning act, 1966 defines the term 'local authority' incorporating 'nagar panchayat' therein since 2000 on amendment, thus; "(15) "local authority" means (a) the bombay municipal corporation constituted under the bombay municipal corporation act, or the nagpur municipal corporation act, 1948, or any municipal corporation constituted under the bombay municipal corporation act, 1949, [(b) a council and a nagar panchayat constituted under the maharashtra municipal councils, nagar panchayats and industrial township act 1965,] (c) (i) a ..... or front, person or authority within fifteen days from the date of such voting or abstention : provided that, such voting or abstention without prior permission from such party or aghadi or front, at election of any office, authority or committee under any relevant municipal law or the maharashtra zilla parishads and panchayat samitis act, 1961 shall not be condoned under this clause - explanation - for the purposes of this ..... section 341-b of the municipalities act provides for constitution and elections to nagar panchayat of seventeen directly elected councillors by dividing the transitional area into territorial constituencies, to be known as wards and that the provisions of section 10 of the municipalities act relating to reservation to scheduled castes, scheduled tribes, the backward class of citizens and women and section 51(1a) relating to reservation of office of president have also been .....
Tag this Judgment!Court : Mumbai Aurangabad
..... no industrial dispute under the central act (id act) or the bombay industrial relations act, 1946, pending before the industrial tribunal ..... bombay act, no employee in any industry to which the provisions of the bombay act for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the representative of employees entitled to appear under section 30 of the bombay act ..... above, these petitions are partly allowed by concluding that since section 33(2)(b) was not applicable in the case of these petitioner / workmen, the approval applications filed by the respondent / management were unnecessary and hence the impugned judgments of the industrial tribunal on the said approval applications would tantamount to adjudication of ..... inoperative for contravention of the mandatory conditions contained in the proviso or where the approval is refused, a workman should still make a complaint under section 33a and that the order of dismissal or discharge becomes invalid or void only when it is set aside under section 33aand that till such time he should suffer misery of unemployment in spite of statutory protection given to him by the proviso ..... 43 workers in espousing their individual cause as is provided for under section 21 and 22 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ("the act of 1971 ?). 19. .....
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