Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 49 composition of joint committee Page 7 of about 439 results (0.059 seconds)

Sangali Dist. Central Co-operative Bank Ltd. Vs. Tukaram Atmaram Jadha ...

Court : Mumbai

Reported in : (1997)IIILLJ1247Bom

..... under section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as act'). ..... was not vitiated for not framing the preliminary issue as to the validity of the domestic enquiry, the industrial court was of the view that the refusal of the petitioner-employer to permit the first respondent to be represented in the domestic enquiry by an authorised office-bearer of the general workers union was a contravention of the right under section 22(ii) of the mrtu & pulp act, 1971 and, therefore, the enquiry was bad in law. ..... in the absence of an application reserving leave to lead evidence on the merits of the charges in the written statement or contemporaneously therewith, the industrial court could have granted such liberty to the petitioner at the late stage when the appeal was beard before it. ..... of the division bench clearly supports the proposition relied upon by the industrial court and, therefore, the industrial court was right in holding that the domestic enquiry held against the first respondent was contrary to the express provisions of the mrtu & pulp act, particularly section 22(ii) of the act. ..... consequently, the first respondent had the right to be represented by general workers union by virtue of section 22(ii) of the mrtu & pulp act and the enquiry officer and the petitioner acted contrary to the terms of the said statute in declining permission to be represented by an office- ..... operative society registered under the maharashtra co-operative societies act, 1960. .....

The Ichalkaranji Urban Co-operative Bank Ltd. Vs. Shri Vilas Hanmant A ...

Court : Mumbai

Reported in : 1998(1)BomCR704

..... a perusal of the standing order which have been attached with the writ petition shows that the standing order have been settled by the commissioner of labour under section 35(2) of the bombay industrial relations act, 1946 for employees in the co-operative banks mentioned in the schedule appended thereto. ..... the bank has adopted standing order applicable to its employee, which have been duly certified by the commissioner of labour, bombay under section 35-c of the bombay industrial relations act, 1946. ..... the said argument was rejected by holding that the dispute in the case fell within the powers of the labour court under section 33-c(2) of the industrial disputes act and the labour court was right in holding that the workman was entitled to the special allowance. 8. ..... in that case, an appeal by special leave was filed against the order of the labour court upholding the claim of the workman for supervisory allowance in an application under section 33-c(2) of the industrial disputes act from the commencement of the new definition of workman i.e.29th august, 1956 to 31st december, 1961. ..... the counsel for the respondent workman has cited a number of judgements to the effect that it is open to the labour court when exercising power under section 33-c(2) of the industrial disputes act to interpreter the various provisions of the settlements and awards. ..... the petitioner is a co-operative bank registered under the maharashtra cooperative societies act, 1960. .....

Chhotabhai Jethabhai Patel Vs. Industrial Court, Nagpur

Court : Mumbai

Reported in : 1967MhLJ40

..... that the amendments effected in the bombay industrial relations act, 1946, by maharashtra act 22 of 1965 were largely made to bring out a uniform piece of legislation for adjudication and settlement of industrial disputes in the whole of the state of maharashtra. ..... section 78(1)d has been introduced for the first time in the bombay industrial relations act, 1946 ..... (3) when no settlement is arrived at in any conciliation proceeding in regard to any industrial dispute which has arisen in consequence of a notice relating to any change given under sub-section (1) or (2), no fresh notice with regard to the same change or a change similar in all material particular shall be given before the expiry of two months from the date of the completion of the proceeding within ..... section 123a repeals the central provinces and berar industrial disputes settlement act, 1947, which was the principal state legislation governing relations between the employees and the employers in the industries ..... 42(4) by maharashtra act 22 of 1965, and that charge in sub-section (4) which now requires an employee desiring a change in respect ..... section 42(4) itself has been slightly amended by making a separate provision for an application by an employee desiring a charge in respect of an industrial matter covered by ..... such startling result was contemplated or intended by the legislature in adding clause (b) to the definition section, as including an employee in the general definition earlier given in the opening part of s. .....

The Mumbai Taximen's Union and Another Vs. State of Maharashtra Throug ...

Court : Mumbai

..... he further contended that the jurisdiction of civil court was barred under sub-section (4) of section 28(1a) and under sub-section (5), it was made clear that industrial tribunal may exercise the same powers as it exercise for the purpose of deciding industrial disputes under the bombay industrial relations act, 1946. 9. ..... save as aforesaid, the industrial tribunal may, in deciding disputes under this section, exercise the same powers and follow the same procedure as it exercise or follows for the purpose of deciding industrial disputes under the bombay industrial relations act, 1946 (bom. ..... and the disputants wanted that the persons wrongfully elected to certain office should not be permitted to function, they have a right to apply to industrial court for interim order and under sub-section (2) of section 28(1a), industrial court is empowered to make interim order specifying or appointing any person or appointing a committee of administration for any purpose under the act including the purpose of taking possession or control of the property in dispute and managing it for the purposes of the union, pending the ..... in the said case, the question which fell for consideration before the division bench was whether section 23 of the maharashtra private security guards (regulation of employment and welfare) scheme, 2002 which provides for exemption is only one time exemption ..... the said case 4th respondent and certain other persons made joint application for membership of the appellant-union. .....

Balmer Lawrie Workers' Union, Bombay and Anr. Vs. Balmer Lawrie and Co ...

Court : Supreme Court of India

Reported in : AIR1985SC311; [1985(50)FLR186]; (1985)ILLJ314SC; 1984(2)SCALE1000; 1984Supp(1)SCC663; [1985]2SCR492

..... there is in force in the state of maharashtra a comprehensive legislation bombay industrial relations act, 1946 touching almost all aspects of industrial relations but it applies only to specified industries. ..... state of bombay : (1954)illj1sc one of the contentions canvassed before the constitution bench was that section 13 of the bombay industrial relations act, 1946 as it then stood provided that a union can be registered as a representative union for an industry in a local area if it has for the whole of the period of three months next preceding the date of its application, a membership of not less than 15% .of the total number of employees employed in any industry in any local area. ..... section 20(2)(b) is more or less in pari materia with the provisions of the bombay industrial relations act, 1946. ..... (2) of section 114 of the bombay industrial relations act, 1946 provided that where die representative. ..... :20(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 a proceeding 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 the recognised union; and .....

Reliance Energy Limited Vs. Rashtrawadi Kamgar Sangh and ors.

Court : Mumbai

Reported in : (2009)IILLJ708Bom

..... the appellant company is covered by the provisions of the bombay industrial relations act, 1946 (for short, 'the bir act'). ..... . maharashtra sugar mills limited, (supra), the industrial dispute between the maharashtra sugar mills and its employees including the seasonal and contract labour was referred under section 13 of the bir act to the industrial tribunal ..... it further directed that, if the work is not provided the appellant company and the contractor shall jointly or severally pay wages to the said employees during the pendency of the case till the final disposal of the complaint.11. ..... . in the circumstances of the case, therefore, the contractor cannot evade the joint or several liability to pay wages to the said employees along with the appellant company.37. mr ..... . it noted that the said employees were removed with the police help and in the circumstances, direction was given to the appellant company and the contractor to jointly or severally reinstate the said employees and pay them full wages ..... the labour court directed the appellant company and the contractor to jointly or severally pay full wages to the said employees every month till the disposal of the complaint. ..... it directed the appellant company and the contractor to pay jointly or severally full wages of the said employees from april 2, 2007 during the pendency of the complaint. ..... it directed the appellant company and the contractor to jointly or severally reinstate all the said employees. .....

Mumbai District Co-operative Bank Ltd. Vs. Co-operative Bank Employees ...

Court : Mumbai

..... the impugned order of the labour court was passed on an interim application under section 119 (d) of bombay industrial relations act, 1946 (hereinafter referred to as "bir act") filed by the respondent-union seeking an order to restrain respondent-bank from hiring the services ..... stated in the directives that the co-operative banks can outsource the persons for maintenance and security only, in order to keep the management costs under control; (x) the government of maharashtra vide its letter dated 6-01-2010 to the district banks directed banks not to make any interim recruitment until such time the staffing pattern is finalized; (xi) the objection with regard employer ..... the labour court has erroneously held that the employees of the service provider are covered by the definition of 'employee' under section 3(13) of the bir act; (ii) no relief can be granted in favour of the union unless the court first decides the preliminary issue relating to jurisdiction and maintainability and that the preliminary issue of employer-employee relationship would go to the root of the matter; (iii) the service provider ..... under the guise and taking undue advantage of suggestions given by mtira committee, in its report the bank cannot be permitted to adopt a back door method to increase the number of persons by appointing persons of their choice circumventing the provisions of bir act and memorandum of settlements, recruitment and promotion policy and the directives issued ..... divisional joint registrar, .....

Maharashtra State Road Transport Corporation Through Divisional Traffi ...

Court : Mumbai

Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798

..... the apex court was :'does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the mrtu & pulp act, 1971 other than those specified in items 2 & 6 ..... act', in a complaint relating to unfair labour practices other than those specified by items 2 & 6 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as the 'mrtu & pulp act'.the division bench in paragraph 33 has observed that:'having given our fullest consideration to this submission, we are of view that sections 20 & 22 which confer rights on recognised and unrecognised union, respectively, are not determinative of the rights of unions to appear in complaints relating ..... are :'provided that, in case of vacancies of a purely temporary nature, leave vacancies and daily waives earners, where no person recommended by the state transport services board or the selection committee concerned is available, the competent authority may appoint suitable persons, for a period not exceeding six months; provided further -provided further that, in the case of immediate necessity, when no person ..... candidates are concerned, sub-clause (c) of clause-5 states that such selection committee shall be 'divisional selection committee' and divisional controller is the head of the said division and is equally .....

Best Workers' Union Vs. Brihan Mumbai Electric Supply and Transport (B ...

Court : Mumbai

Reported in : 2004(3)ARBLR192(Bom); 2004(5)BomCR311; [2004(101)FLR926]; 2004(3)MhLj199

..... 1 under section 73a of the bombay industrial relations act, 1946, hereinafter called as 'the said act'. ..... the same time, it was clearly ruled that:--'if any provision is inconsistent with the scheme of the bombay industrial relations act, 1946, then the provision of the arbitration act to that extent would not be applicable. ..... it is true that if we consider any provision of the arbitration act it would be necessary to inquire whether that particular provision is applicable looking to the scheme of the bombay industrial relations act, 1946. ..... the apex court in labour law practitioners' association's case (supra) has held that 'the labour court adjudicates upon disputes that, had it not been for the industrial disputes act, the bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, would have been within the jurisdiction of the ordinary civil courts to decide, although the ordinary civil courts may not be able to grant all the reliefs that ..... undertaking and anr, reported in 2002 1 clr 350 has sought to contend that in the absence of specific power for condonation of delay in relation to the applications for reference under section 73a, it cannot be presumed that the industrial court will have such powers merely on the basis of section 68 of the said act, while the learned advocate for the respondent, placing reliance upon the decision of the division bench of this. ..... the agriculture produce market committee and ors. .....

Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Ltd. and Others V ...

Court : Mumbai

Reported in : (1997)IIILLJ592Bom

..... soot girani and its board of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same. ..... 4 of 1988 under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act'). 2. ..... section 119a of the bombay industrial relations act does not really deal with 'civil contempt' as understood under the contempt of courts act, 1971. ..... there is no provision in the entire scheme of the bombay industrial relations act which empowers the labour court to punish for its 'contempt'. ..... the scheme of the bombay industrial relations act suggests that disobedience, however flagrant, of an order passed by the labour court does not constitute a contempt of court, though other remedies are available for dealing with such a situation. ..... the division bench held that the scheme of the first four sub-sections of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act shows that certain offences are created and penalties provided for them. ..... after obtaining the report, the labour court held by the impugned order that all the directors of the soot girani had jointly and severally committed breach of the operative order of injunction and thereby committed contempt of the court. .....