Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 49 composition of joint committee Page 9 of about 439 results (0.036 seconds)

National Textile Corporation (Maharashtra North) Ltd. and ors. Vs. S.M ...

Court : Mumbai

Reported in : 2000(2)ALLMR376; (2000)IIILLJ555Bom

..... bombay industrial relations act, 1946, governs the relationship between the employers and the employees engaged in this cotton textile industry. ..... refers to a further stage when ultimately reduction does take place in the number of workman or the posts as the case may be and hence it becomes necessary for the management to comply with section 25-n of the industrial disputes act, 1947 before the management can resort to the provisions of the last part of standing order 20a. ..... thus, the learned judge took the view that apart from the fact that the objective circumstances must exist, employer must comply with whatever are the necessary statutory requirements like section 25-p of the industrial disputes act, 1947 and thereafter when it comes to actual implementation at that stage a person who has completed the age of 60 years will have to be retrenched first in preference to younger men ..... petitions are filed either by the textile mill/company or by the employees concerned challenging the orders passed by the industrial court constituted under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act, for short) on the complaints filed by these employees against these mill companies invoking items 1, 5, 9 and 10 of schedule iv of the said act. ..... she then was in this court), in the case of maharashtra state textile corporation ltd. v. ..... sujata manohar, when she was in this court) in the case of maharashtra state textile corporation ltd. v. .....

Co-operative Bank Employees' Union Vs. Bharat Co-operative Bank Ltd. a ...

Court : Mumbai

Reported in : [2005(106)FLR52]

..... establishments in more than one state.we then have the bombay industrial relations act, 1946 which thereafter shall be referred to as the state act of which section 2(3) reads as under:in the areas in which the bombay industrial disputes act, 1938 was in force immediately before the commencement of this act, this act shall apply to the industries to which the said act applied:provided that this act shall cease to apply with effect from the date on which the bombay industrial relations (amendment) act, 1949, comes into force, to the imperial bank of india ..... and any banking company as defined in section 5 of the banking companies act, 1949, having branches or other establishments in more than one state.there is yet another legislation known as maharashtra recognition of trade unions and ..... joint registrar, co-operative societies and ors. .....

Municipal Corporation of Greater Mumbai and Another Vs. Municipal Mazd ...

Court : Mumbai

..... 21 this was again in reference to the declaration of strike as illegal dealing with the provisions of bombay industrial relation act 1946 and mrtu and pulp act. ..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not sanctioned by a current budgetary ..... call of strike was on 14 september 2011 but only subject to settlement- 36 the respondents or its action committee, this time also, as recorded above, by internal circulars called the concerned employees members for their meetings on 14 september 2011 at 5.00 p.m. ..... the action of the employees just cannot be treated as deliberate and/or intentional and/or preplanned, blaming only the respondent union and/or even the action committee, as noted, the things were beyond everybody's control. ..... it was also made clear that the action committee has decided to go on strike from 19 september 2011 from 9.00 p.m. ..... the respondents case was throughout that the action committee announced and threatened the alleged strike. ..... it is not only the respondents union's or its action committee's action and/or inaction. .....

Shaukat Adam Malim Vs. Kokan Mercantile Co-operative Bank Ltd., Mumbai ...

Court : Mumbai

Reported in : [2003(96)FLR221]; 2002(1)MhLj760

..... , it is a well settled principle of law that the question as to whether a person is an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 has to be determined with reference to the principal nature of the duties and functions performed by the person engaged. ..... the question as to whether, for the purposes of section 3(13) of the bombay industrial relations act, 1946, the petitioner was not an employee would thus depend upon whether the work for which he was primarily employed was of a managerial, administrative or supervisory ..... these proceedings, the petitioner impugns an order of the industrial court dated 2nd september, 1997 passed in revision in an application under section 44 of the bombay industrial relations act, 1946 ('the b.i.r. ..... permit the petitioner and the first respondent to cross-examine the respective witnesses who have filed affidavits in lieu of examination-in-chief on the question as to whether the petitioner is an employee within the meaning of the bombay industrial relations act, 1946 and the mrtu and pulp act, 1971. ..... petitioner was appointed as an accounts clerk by the first respondent which is a co-operative bank registered under the maharashtra co-operative societies act, 1960. ..... action of the bank was challenged by the petitioner in a complaint under section 28 read with items 1(b), (d) (f) and (g) of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ('m.r.t.u. .....

Asiatic Oxygen and Acetylene Co. Ltd. Vs. Industrial Court of Maharash ...

Court : Mumbai

Reported in : (2001)IIILLJ529Bom

..... section 1(4) of the said act clearly provides that nothing in this -act shall apply to any industry to which provisions of chapter vii of the bombay industrial relations act, 1946, apply, and as it is not disputed that the industry of the petitioner is governed by the provisions of the bombay -industrial relations act, 1946 and the standing orders framed thereunder, the learned industrial court has erred in relying upon the industrial employment (standing orders) act, 1946, in order to come to a finding that the petitioner/employer lacks power of transfer in respect of his employees being governed under the ..... said act ..... the petitioner/employer impugns the order dated august 3, 1998 passed by the learned member of the industrial court, nagpur, on an application under section 30(2) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, in complaint (ulp) no. .....

Ramesh Daji Jadhav Vs. National Textile Corporation (Maharashtra North ...

Court : Mumbai

Reported in : 2004(1)ALLMR732; 2004(1)BomCR4

..... 1985 on which date the appellant had sent an approach letter under section 42(4) of the bombay industrial relations act (for short, hereinafter referred to as 'bir act'). ..... appellant, therefore, filed an application before the labour court under section 78 of the bombay industrial relations act. ..... in maharashtra tubes (supra), the apex court considered whether the state financial corporation can take recourse to sections 29 and 31 of the state financial corporations act not withstanding the bar of section 22 of the sica when an industrial concern makes any default in repayment of any loan or advance or any instalment thereof or otherwise fails to meet its obligations under the terms of the agreement with the financial ..... this appeal challenges the order of the learned single judge confirming the order of the industrial court, dismissing the complaint filed by the appellant under item 9 schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short, hereinafter referred to as 'mrtu & pupl act') on the ground that the relief claimed by the appellant could not be granted as the company was declared a sick unit and consent of the ..... industrial & investment corporation of maharashtra ltd ..... regional provident fund commissioner-i for maharashtra & goa and ors. ..... learned single judge after considering the judgments in the cases of maharashtra tubes (supra). ..... submits that the judgment of the apex court in the case of maharashtra tubes ltd. v. .....

Bharat Co-operative Bank (Mumbai) Ltd. and Anr. Vs. Co-operative Bank ...

Court : Mumbai

Reported in : 2005(3)BomCR713; [2006(106)FLR85]; (2005)IILLJ1010Bom; 2005(2)MhLj906

..... at the hearing of the appeal, the issue of applicability of the bombay industrial relations act, 1946 was not pressed before us in view of the decision of this court in co-operative bank employees union v. ..... (j) of section 2 of the industrial disputes act, 1947, xiv of 1947, and the state government in relation to any industrial dispute concerning such industry is the appropriate government under that act; provided that, the state government may, by notification in the official gazette, direct that the provisions of this act shall cease to apply to any such industry from such date as may be specified in the notification; and from that date, the provisions of this act shall cease to apply to that industry and, thereupon, section 7 of the bombay general ..... 769 of 2002 under section 28 read with item 5 of schedule ii and items 3, 5, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'm.r.t.u. .....

Rastriya Sakhar Kamgar Union through It's General Secretary, Anandrao ...

Court : Mumbai

Reported in : 2008(3)ALLMR223; 2008(3)BomCR567; (2008)110BOMLR784; 2008(6)MhLj291

..... were pending, the registrar appointed under the bombay industrial relations act, nasik division, nasik pursuant to the application made by the respondent no ..... including whether a union is recognised or not, then the seats so reserved shall be filed by an election by such employees from amongst themselves in the prescribed manner] any person selected or elected as [a member of the committee to any reserved seat shall not be entitled to be elected as an officer of such society, or to vote at any election of officers][explanation-for the purpose of this section the members of the committee shall mean and include elected, appointed, nominated, co-opted as well as ex-office members of the ..... co-operative society in terms of section 73bb of the maharashtra co-operative societies act, 1960 (hereinafter referred to as 'the said act').2. ..... sugar factory are valid representatives under section 73bb of the maharashtra co-operative societies act, 1960. ..... kadam, submitted that in view of the dispute that had arisen in respect of the two persons selected by the petitioner union, and considering the provisions of section 73bb of the said act, the regional joint director had issued, the direction for holding a meeting to select the said two representatives of the workers. ..... 1 to 4 to take action under section 79 and 79a of the maharashtra co-operative societies act, 1960 for non-implementation of the provisions of section 73bb of the maharashtra co-operative societies act, 1960 against the respondent no. .....

Mahindra and Mahindra Ltd. Through Its Deputy General Manager Vs. Shri ...

Court : Mumbai

Reported in : 2007(1)ALLMR800

..... however it is admitted position between parties that the model standing orders framed under section 35 of bombay industrial relations act govern their service conditions and industrial employment standing order act, 1946 has no application. ..... the employer further contended that there were elected representatives functioning under section 28 of bombay industrial relations act and they represented even complainants. ..... they have stated that their employer is an engineering industry which manufactures tractors and the establishment is governed by bombay industrial relations act, industrial disputes act and industrial employment standing order act, 1946. ..... he then conveyed it to personnel and industrial relations department which then issued appointment orders. ..... a proved misconduct is antithesis of victimisation as understood in industrial relations. ..... he stated that he used to take the decision whether temporary increase can be handled by existing manpower or not and communicate it to department of personnel and industrial relations. ..... complaints under section 28 of maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, (hereinafter referred to as mrtu act) for declaration that their employer m/s. ..... the argument of employer before this court is also that such individual grievance could not have been examined jointly by industrial court. ..... all of them had filed joint u.l.p. .....

National Textile Corporation (Maharashtra North) Limited Vs. Anant Par ...

Court : Mumbai

Reported in : (2001)ILLJ187Bom

..... the points canvassed in the written statement and which was the only point urged before me, was the refusal of work by the employer to the workman may amount to a closure within the meaning of section 3(8a) of the bombay industrial relations act which would merely give a right to claim compensation for such closure. ..... corporation was that even if there was a refusal to provide work as alleged, this would amount to a closure and, nonetheless, the legality and justification for the closure would need to be determined in an adjudication under the bombay industrial relations act, in the absence of which the workers would not be entitled to any relief. ..... remedy, if any, under the provisions of the bombay industrial relations act cannot operate to oust the remedy under the mrtu & pulp act, 1971. ..... the workman had also moved an application under section 33-c(2) of the industrial disputes act, 1947 for the payment of salary for the prior period ending on june ..... the industrial court in its order referred to the provisions of section 14 of the act of 1983 under which every person who was a workman within the meaning of the industrial disputesact, 1947 and had been immediately before the appointed day in the employment of the textile undertakings would become on and from the appointed day an employee of the national textile corporation on ..... in question was filed under items 5 and 9 of schedule iv to the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. .....