Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 49 composition of joint committee Page 44 of about 439 results (0.211 seconds)

Khimjibhai Sanabhai Parmar Vs. Sevalia Cement Works

Court : Allahabad

Reported in : [2005]60SCL496(All)

..... bombay industrial relations act, 1946 ..... the preliminary issue raised by the respondent company against the maintainability of the winding up petition and after having gone through all the earlier proceedings in this matter as well as all other connected matters relating to the company and the workers, and after having given serious thoughts to the issues raised in the present petition in light of the authorities cited by the learned advocates appearing on behalf of ..... joshi has relied on the decision of the hon'ble supreme court in the case of national textile workers' union (supra) wherein it is observed that it is no doubt true that section 439 confers the right to present a winding up petition only on certain specifically enumerated persons and the workers are not included in that enumeration and, therefore, obviously the workers have no right ..... the court has further observed that along with the payments being deposited in the court, the members of the sale committee were directed to file a statement of distribution amongst the workmen signed by all of them and on the strength thereof, as and when the amounts were received, the registrar of this court was directed ..... of within the period of six months and the sale was to be conducted by the committee consisting of five representatives of the union and three representatives of the respondent company. ..... punit corporation and respondent company, the sale committee appointed by this court was also a ..... private limited and the sale committee. .....

Swadeshi Cotton Mills, Naini, Allahabad Vs. Assistant Labour Commision ...

Court : Allahabad

Reported in : [2000(84)FLR561]; (2000)ILLJ1221All

..... or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof ..... thus, a protection of the interest of an industrial company may not be given an upper hand to the protection of the labourers working therein and, as observed by the bombay high court in the case of ntc v. b. l. ..... in this case, the proceedings were taken up for recovery of property tax under section 129 of the bombay village panchayat act from m/s. ..... the judgment was delivered in relation to a case between the ntc (south maharashtra) and b. l. ..... the hon'ble single judge of the bombay high court had before him the decisions of the apex court in the case of sri chamundi mopeds, air 1992 sc 1439 and dy. ..... learned counsel for the union of india relied on a decision of the bombay high court in support of her contention. .....

Madhya Pradesh Dainik Vetan Bhogi Karmachari Sangh and anr. Vs. State ...

Court : Madhya Pradesh

Reported in : 2003(4)MPHT199

..... thus, even if there is specific provisions as per section 2 (5) of the bombay industrial relations act, 1946 specifically conferring power of withdrawal of any of the industry under the said act, it can not be said that in the present act by virtue of sub-section of section 1, the power to withdraw or modify a particular item from the schedule to this section is not there. ..... according to the petitioners, the act was enacted and came into effect from 31-12-1960 and by the said act the bombay industrial relations act, 1946 was repealed. ..... is deemed a factory it was held that the persons working therein are deemed workers and is not by itself discriminatory and therefore, notification issued by the maharashtra government under section 85(1), making the bidi-rollers in the specified places 'deemed workers' and entitling them to the benefits provided under the act, was also held not to be attacked on the ground that the state has issued the notification by selecting for application of the provisions of the ..... , air 1955 sc 25, while dealing with section 27 of the minimum wages act and rule 3 under the said act held that the state government was in its competence to fix the term of the committee constituted under section 30, when it is constituted and may from time to timeextend it as circumstances require. ..... the notified area committee, tulsipur, air 1980 sc 882, the supreme court while dealing with section 3 of the u.p. .....

Duncan International (India) Ltd. and anr. Vs. Appellate Authority for ...

Court : Delhi

Reported in : [2003]115CompCas237(Delhi); 86(2000)DLT698; 2000(54)DRJ836

..... of section 1 also, the act applies to all scheduled industries other than schedule industry relating to ships and other vessels drawn by power, preamble of the act also says that it is an act dealing with special provisions with a view to securing timely detection of sick and potentially sick companies owing industrial ..... , which need to be taken with respect to such companies and the expeditious enforcement of the measures so determined and for matters connected therewith or incidental thereto. 13. sick industrial company has been defined in the act in clause (o) of sub-section (1) of section 3 to mean an industrial company (being a company registered for not less than five years), which has at the end of any financial year accumulated losses equal to or exceeding its entire net ..... bombay high court in maharashtra state financial corporation, ..... , constituted attorney and principal officer of the petitioner company appeared and pleaded before i.f.c.i at joint meeting on 31.1.1997 that respondents 8 and 9 and their associates held about 83.6% ..... in respect of the flat in question in the review meeting of bifr held on 20.7.1995; in the review hearing before bifr on 22.8.1996; in the joint meeting before ifci held on 31.1.1997; and in the review meeting of bifr held on 6.2.1997. ..... constituted attorney and principal officer of the petitioner no.1 appeared before ifci in a joint meeting held on 31.1.1997, describing himself as the constituted attorney and principal .....

Workmen, Rep. by Genl. Secretary Addisons Paints and Chemicals Ltd., A ...

Court : Chennai

Reported in : (1999)IIILLJ1583Mad

..... a case reported in : (1997)illj994sc , that now the government could authorise any person under section 34 of the industrial disputes act to file a complaint against the management and, therefore, according to the learned counsel, there would be no impediment in even ordering the appointment of public prosecutor or special public prosecutor, as the case may be, for conducting any ..... the learned counsel, however, relies on the provisions of section 34 of the industrial disputes act and the interpretation thereof by the apex court in the decision raj kumar gupta ..... though haltingly, the learned counsel for the petitioner tried to suggest that the question involved related to labour laws and, therefore, a person having specialised knowledge of the labour jurisprudence would be in a better position to conduct the prosecution, it will be very unfair on my part to say that the government counsel would not be able to ..... decision is of no use to the petitioner as there is no such parallel rule 22 in case of tamil nadu and on interpretation putforth by the division bench of the bombay high court, the supreme court has found it unreasonable and constitutionally invalid in the decision reported in mukul dalai v. ..... state of maharashtra , relying on rule 22 of maharashtra law officers (appointment, conditions of service and remuneration) rules, 1984, had held that where a private complainant is prepared to pay the legal fees for engaging such a private counsel even in the prosecution at the behest .....

Vaidyakiya Karmachari Sanghatana and Others Vs. Pravara Medical Trust

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. .....

Chandra Spinning and Weaving Mills Ltd., Bangalore Vs. State of Mysore ...

Court : Karnataka

Reported in : ILR1964KAR826; (1964)IILLJ604Kant; (1964)1MysLJ569

..... industrial disputes act, 1947, even if it has the consequence of withdrawing particular dispute or disputes relating to particular industries from the reference already made to the industrial ..... by implication the power to cancel its order passed under section 10(1), the proceedings before the industrial tribunal would be rendered wholly ineffective by the exercise of ..... 10 of the act reads thus : 'where in an order referring an industrial dispute to a labour court, tribunal or national tribunal under this section or in a subsequent order, the appropriate government has specified the points of dispute for adjudication, the labour court or the tribunal or the national tribunal, as the case may be, ..... we are in respectful agreement with the view expressed by their lordships that while sub-section (4) limits the power of the appropriate court or tribunal to confine its adjudication to the points specified in the order of reference and to matters incidental to those points, sub-section (5) confers jurisdiction on the appropriate government to include in the reference any other establishment, group or class of establishments of a similar nature as may be ..... , as he then was, who spoke for the court, laid down - 'it is well-settled that, this section embodies a rule of construction and the question whether or not it applies to the provisions of a particular statute would depend on the subject-matter, context, and the effect, ..... decision of the bombay high court in state of maharashtra v. .....

Rajasthan Trade Union Kendra Vs. J.K. Synthetics Ltd. and ors.

Court : Rajasthan

Reported in : (1996)IILLJ347Raj; 1996(1)WLC418

..... for adjudication, the tribunal has to decide the same as a preliminary issue as it relates to the jurisdiction of the tribunal which can only adjudicate industrial dispute and the law is settled that if a closure in fact has taken place then such adispute is not an industrial dispute and is beyond the purview of the industrial tribunal apart from the question of compen-sation under section 25fff of the industrial disputes act, 1947'.thereafter the tribunal examined the pleadings of the company and ..... receiving letter of the company, called upon the company to appear before him by writing letter dated january 25, 1983 and asked the company to show cause on the following points:'why the procedure detailed under section 25h of chapter v-b of the industrial disputes act was not adopted before resorting to the retrenchment; andfurnish the detailed information justifying the causes mentioned in the respective annexure-a to the letter of the company dated january 21, 1983. ..... we are in respectful agreement with the view taken by the bombay high court in maharashtra general kamgar union v. ..... the tribunal observed that it did not find any force in this submission because 'the committee of the board of directors of the company by resolution dated july 18, 1982 appointed him (s.s. ..... however, on may 18, 1995 joint request was made on behalf of the company as well as on behalf of the union to tag on this matter with special appeals no. .....

Spencer Group Aerated Water Factory Employees' Union and anr. Vs. the ...

Court : Chennai

Reported in : (1997)ILLJ362Mad

..... service under the new employer are less favourable than those applicable to such workman immediately before the transfer, then his right is only to claim the notice-pay and compensation under section 25ff of the industrial disputes act and he cannot urge that he continued to be the workman of the transferor employer even after the undertaking was transferred to the new employer under whom he worked from the date ..... the objects and reasons for this amending act are as follows :- 'in a judgment delivered on november 27, 1956, the supreme court held that no retrenchment compensation was payable under section 25ff of the industrial disputes act, 1947, to workmen whose services were terminated by an employer on a real and bonafide closure of business, or when termination occurred as a result of transfer of ownership from one employer to another ..... on july 17, 1991, the second respondent company wrote to the labour officer giving the facts relating to the transfer of undertaking to the third respondent and also informing the labour officer that all the 170 workmen were carrying on their work ..... c (south maharashtra) ltd & ..... association of engineering workers, bombay & others : (1987)illj427sc the supreme court relied on the earlier judgment in ..... (sc) the transfer of the employees from the management of a firm consisting of the members of a joint hindu family to a company formed by the said members was covered by an agreement which completely satisfy the proviso to section 25ff of the i.d. .....

Tamil Nadu Atomic Power Employees Union Vs. Nuclear Power Corporation ...

Court : Chennai

Reported in : (2001)IILLJ192Mad

..... union opposed the proposed change through their letter dated may 6, 2000, that a strike notice was also marked to the conciliation officer, that in such circumstances, by virtue of the operation of section 20(1) of the industrial disputes act, the conciliation deemed to have commenced, that by a notice dated may 8, 2000, the conciliation officer initiated conciliation proceedings by calling upon he parties to come for conciliation on may 11, 2000, ..... counsel contended that the impugned order being an administrative order under section 12(5) of the industrial disputes act, and whensection 9-a of the industrial disputes act has been fully taken care of the order impugned in the ..... it is claimed that the change in the shift pattern was sought to be introduced after issuing necessary notice under section 9-a of the industrial disputes act, that by virtue of the revised pattern sought to be introduced, the same would not involve any drastic change nor in the payment of the night shift allowance, that in ..... the order of the first respondent dated july 26, 2000, in and by which, the first respondent declined to refer an issue relating to the change in the shift pattern of the workmen of the second respondent as raised by the petitioner for adjudication on the ground that the said change was sought to be introduced by the second respondent after due notice under section 9-a of the industrial disputes act.2. ..... maharashtra ..... bombay : (1959)illj479bom bombay ..... state of bombay : (1964)illj351sc national .....