Court : Mumbai
Reported in : 1998(2)ALLMR486; 1998(3)BomCR128; (1998)1BOMLR597; [1998(79)FLR202]; 1998(1)MhLj915
..... he shall be given an opportunity to answer the charge and permitted to be defended by his representative under section 30 of the bombay industrial relations act, 1946. ..... 2) where there is a recognised union for any undertaking, :- (a) that union alone shall have the right to appoint its nominees to represent workmen on the works committee constituted under section 3 of the central act: (b) no employee shall be allowed to appear or act or be allowed to be represented in any proceedings under the central act (not being aproceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service or suspension of an employee is under consideration), except through recognised union and the decision ..... rules have been made where by model standing orders for various categories of workmen have been framed in the state of maharashtra and which are known as the bombay industrial employment (standing orders) rules, 1959. ..... rules if the president, vice president, the general secretary, the secretary, the joint secretary, the assistant secretary and the treasurer are legal practitioner obviously, the bar would not apply to them. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR74
..... this petition is directed against the order of the first labour court holding that a complaint by an employee under section 28 (1) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the unfair labour practices act'), is not maintainable, without his complying with the provisions of section 42(4) of the bombay industrial relations act, 1946 (hereinafter referred to as 'the bombay act').2. ..... under sub-sections (1) and (2) of section 3 thereof; in this act, unless the context requires otherwise, 'bombay act' means the bombay industrial relations act, 1946, and 'central act' means the industrial disputes act, 1947. ..... in this view of the matter, the order passed by the first labour court, dismissing the complaint under section 28(1) of the unfair labour practices act, 1971, because the provisions of section 42(4) of the bombay industrial relations act were not complied with, cannot be sustained. ..... it cannot, therefore, be said that what would amount to side-stepping in respect of the bombay industrial relations act by direct reference to the labour court, would be so by filing a complaint under section 28(1) of the unfair labour practices act, as direct access to the labour court and industrial court is permitted by its express provisions.17. ..... the scope of the jurisdiction of the labour court under section (1)-d of the bombay industrial relations act came to be considered by supreme court in m/s. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)BomCR692; [2006(108)FLR665]
..... on this material, the industrial court could not have possibly come to the conclusion that the respondent was an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 and an employee within the meaning of section 3(5) of the maharashtra recognition of trade unions and prevention of trade unions act, 1971. ..... the first submission is that the respondent was not an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 and that therefore, the industrial court had no jurisdiction to entertain the complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... on the date of the institution of the complaint, the petitioner was not an employee within the meaning of section 3(5) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 and the corresponding provision of section 3(13) of the bombay industrial relations act, 1946. ..... the enquiry was instituted under the service regulations since according to the undertaking the respondent was not an 'employee' as defined in section 3(13) of the bombay industrial relations act, 1946 and the certified standing orders were not applicable to him. 2. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR605; 2009(6)MhLj268
..... referring to provisions of clause 18 of section 3 of the bombay industrial relations act, she submitted that this was an industrial matter pertaining to change and therefore, in view of the provisions of the bombay industrial relations act notice of change was required to be given. ..... next she submitted that the question had already been raised by the reference before the industrial court and by award dated 20th april, 1987, the court held that the reference was not competent under the industrial disputes act, since provisions of bombay industrial relations act applied to the industry carried on by the handloom corporation. ..... the government of maharashtra had issued a notification under section 5 of the minimum wages act fixing wages for workmen employed in handloom industry. ..... by the state handloom corporation takes exception to the order passed by learned member, industrial court, nagpur allowing respondents workmens' complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act ('mrtu & pulp act' for short), holding the petitioner guilty of engaging in unfair labour practice within the meaning of items 5 and 9 in schedule iv to the mrtu & pulp act, and directing the petitioner to bring the respondents on the timescale prescribed for the ..... the learned counsel for the petitioner also drew my attention to judgment in maharashtra srtc v. ..... maharashtra general kamgar union reported at (2001) 3 scc 101. in a.p. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj173
..... the second limb of his argument is, in the written statement filed before the industrial court in that matter, application of provisions of the bombay industrial relations act to the petitioner industry and availability of elected representatives therein was specifically pleaded and was also established while cross examining ..... (supra), shows that there the interim relief protecting the services of the employees was granted by the industrial court and this court has found that under item 1 of schedule iv, that jurisdiction was exclusively vested with the ..... if the employer petitioner does not pay wages to the employees as directed by the industrial court, the employees can seek to execute the orders of industrial court dated 4/7/2007 in accordance with law, wherein entire exercise of computation can be ..... the learned counsel argues that effort of individual employees was to enforce the orders of industrial court dated 02/2/2005 along with the orders of this court dated 05/12/2005. ..... 1367/1997 before industrial court, nagpur, for declaration of unfair labour practice under item 9, schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, (hereinafter referred to as act 1 of 1972) and sought direction that the petitioner should be directed to provide work to its members with ..... shri khan further states that the provisions of section 21(2) of the act no. ..... he states that section 28 thereof permits the individuals or their union to maintain such .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR708; 2006(5)BomCR616; (2006)IIILLJ628Bom
..... in that case the supreme court was dealing with the question of correct interpretation of section 3(25) of the bombay industrial relations act, 1946 (for short 'the bir act'). ..... mr.deshmukh took us through the findings recorded by the industrial court, constitution and rules of the respondent-union, the relevant provisions of the act and more particularly the provisions contained in chapter iii thereof and submitted that the present case is not covered by the ratio laid down by the supreme court in the judgments of maharashtra grini kamgar union's case (supra). ..... 7 of 1994 filed by respondent no.1 -union under section 11 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the act') for being registered as recognised union of the workmen in the factory of respondent no.2 company at thane. ..... (i) the membership subscription of the union should not be less than fifty paise per month; (ii) the executive committee of the union must meet at intervals of not more than three months; (iii) all resolutions passed by the executive committee or the general body of the union have to be recorded in a minute book kept for the purpose; and (iv) the union's accounts have to be audited at least once in each financial year by an auditor appointed by the state government. ..... we are of the considered opinion that the judgment of the apex court in maharashtra grini kamgar union's case (supra) squarely applies to the facts of the present case. 27. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR91
..... act by an employee as defined under section 3(13) of bombay industrial relations act is maintainable although no direct relationship as employer-employee exists between him and principal employer if he is employed by contractor who undertakes whole or any part of the work which is ordinarily the work of undertaking of such principal employer. ..... learned judge quoting the observations of full bench observes as follows:perusal of the said judgment reveals that reference to full bench was necessitated in view of definition of 'employee' in section 3(13) of bombay industrial relations act. ..... labour had become a contractor and what would be the deeming effect of nonregistration by the petitioners and non obtaining valid licence under the act on the relationship.in the present case, the industrial court had merely postponed the decision on the issue of relationship of employer-employee and according to me rightly so.the industrial court is directed to frame proper issues in this respect and decide the issue on the basis of the evidence and material adduced by the ..... in a decision reported in : 2006(5)bomcr349 (maharashtra industrial development corporation, chandrapur v. ..... the facts giving rise to the petition are as follows:the petitioners filed a complaint under section 28 of the maharashtra recognition of trade union & prevention of unfair labour practices act read with item no. ..... maharashtra general kamgar union and ors. ..... maharashtra general kamgar union and ors. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj596
..... establishment of the petitioner was covered under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as the said act of 1946) and, therefore, in view of the provisions of the said act of 1946 the petitioner was employer and the respondent no. ..... 'therefore, it is clear that even after considering the definition of employer and employee in the said act of 1946 and after considering its own judgment in the case of maharashtra sugar mills, the apex court came to the conclusion that it cannot be said that when the contractor engages a contract labour in connection with the work of principle employer, the relationship of master and ..... in paragraph 104 considered its earlier judgment in the case of maharashtra sugar mills in which the question that fell for consideration was whether the contract labour was covered by the definition of the employee under the said act of 1946. ..... relied upon the definition of employer and employee under section 2(13) and 2(14) of the said act of 1946 and contended that the petitioner was the employer of ..... relied upon the definition of employer contained in section 2(14) and the definition of employee contained in section 2(13) of the said act of 1946 and contended that even it is assumed that the ..... petitions before the labour court, nagpur under section 28 read with section 7 arid item i of schedule iv of the maharashtra recognition of trade unions and unfair labour practices act, 1971 (hereinafter referred to as the act of 1971). .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR666; [2001(91)FLR127]; (2002)IVLLJ975Bom
..... the respondent-bank had, therefore, raised a preliminary issue contending that the petitioner was not an employee as per the definition of sub-section 13 of section 3 of the bombay industrial relations act, 1946 and on that count the labour court did not have jurisdiction to entertain the application.2. ..... the cross examination of the petitioner clearly indicates the nature of his duties and responsibilities and that supports the contention of the bank that he was not an employee as defined under sub-section (13) of section 3 of the bombay industrial relations act, 1946.9. ..... the learned counsel for the petitioner has argued that the question as to whether the present case is governed by the provisions of sub-section (13) of section 3 of the bombay industrial relations act or not is to be considered not from the designation of the post which he is holding but from the nature of the work he is discharging from that post ..... according to the petitioner, the respondent-bank is governed by the provisions of the bombay industrial relations act, 1946. ..... short question that arises in this petition is as to whether the petitioner was an employee as defined in sub-section (13) of section 3 of the bombay industrial relations act at the time of his dismissal from the service. ..... the cross examination further indicates that he had to entertain correspondence with co-operative department of the state of maharashtra, agricultural department of the state of maharashtra, reserve bank of india and apex bank. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR878; 2007(6)BomCR265; (2007)109BOMLR2229; (2008)ILLJ351Bom; 2008(2)MhLj434
..... court had partly allowed the application filed by the respondent workman under section 78 of the bombay industrial relations act. ..... cooperative bank, the provisions of the bombay industrial relations act (for short, hereinafter referred to as `bir act') are applicable to it.3. ..... the appeal under section 84 of the bir act is maintainable, both on questions of fact and law and therefore industrial court could accept the evidence which appealed to it in preference to the view taken by the ..... however, the industrial court while exercising appellate powers under section 84 of the bir act can always review the entire evidence on record, reassess the same and draw its own conclusions in such ..... the powers of the industrial court under section 84 while reappreciating the evidence led before the labour court are not circumscribed only to exercising the power of ..... the present case, i have already held that the order of the industrial court does not suffer from these infirmities warranting interference under this court's writ ..... 2006 3 clr 512 to submit that while exercising the powers of judicial review, the labour court and the industrial court must be slow to interfere with the punishment imposed by the management. ..... learned counsel submits that there is no perversity in the findings of the industrial court that there was no cogent evidence on record to hold that respondent ..... is a registered bank under the banking regulations act and also under the provisions of the maharashtra cooperative societies act. .....
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