Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 50 proceedings of joint committee Court: chennai Page 1 of about 11 results (0.140 seconds)

Mrf United Workers Union Rep. by Its General Secretary Vs. Government ...

Court : Chennai

Reported in : (2009)IVLLJ685Mad

..... similarly, under the bombay industrial relations act, 1946, which applies to specific industries in maharashtra and gujarat, the recognition of the collective bargaining agent is on the basis of the larger membership arrived at on the basis of the verification. ..... as there was a sharp cleavage of opinion, the commission left the question of adopting one or the other method in a given case to the proposed industrial relations commission which was recommended to be set up if the recommendations of the commission were to be accepted. ..... , that is to say(a) discharging or punishing a workman, because he urged other workman to join or organize a trade union,(b) discharging or dismissing a workman for taking part in any strike (not being a strike which is deemed to be an illegal strike under this act),(c) changing seniority rating of workmen because of trade union activities,(d) refusing to promote workmen to higher posts on account of their trade union activities,(e) giving unmerited promotions to certain workmen with a view to creating discord amongst other workmen ..... the representative of the workmen on the works committee under section 3 of the act are to be elected in the manner provided under part vii of the industrial disputes (central) rules, 1951. ..... the labour commissioner shall thereafter proceed to decide as to which union is the representative union of the workmen. ..... this submission was made during the conciliation proceedings.7. .....

Tamil Nadu Cooperative Bank Employees Association Vs. Registrar of Coo ...

Court : Chennai

..... by the wage negotiations under the proceedings of the 1st respondent in rc no.46664/2011 cbs-1 dated 7.5.2012 and further direct that the wage negotiations should proceed only with that association with enjoys majority membership of the said workers and with no other union holding that such majority union alone has the locus standi to represent the workers with regard to the industrial disputes, namely collective disputes under section 2(k) of the industrial disputes act. ..... though there are registered trade unions, there is no special law in the state of tamil nadu (in the state of maharashtra and gujarat, there is a law compelling the employer to recognise a particular trade union as the sole bargaining agent for the purpose of dealing with the employees in the said ..... admittedly, the issue relating to union's recognition is non-statutory in character and covered by the guidelines evolved in tripartite labour agreement, pursuant to which the evaluation and implementation committee under the chairmanship of of registrar of cooperative societies has ..... " 42.the four issues that came up for consideration before that full bench of the bombay high court was set out in para 1 of the judgment and for the purpose of this case, the first two issues framed by the full bench will be relevant and they are as follows: "(1) ..... (mad) though did not refer to the ratio of the full bench of the bombay high court in air india's case (cited supra) more or less came to the correct conclusion while giving .....

Gordon Woodroffe Workers and Staff Union Vs. Joint Commissioner of Lab ...

Court : Chennai

Reported in : (2000)IILLJ1150Mad

..... and it is revealed from his evidence that the company has established another independent company styled as 'shoes specialties private limited' at ambattur where this witness, who was the employee of the company, also worked as industrial relations officer, without remuneration in addition to his job under the company. ..... a reference to this is to be found in the proceedings of bifr where even that board had expressed as to why those 96 workers alone were discriminated against by choosing to give them a petty compensation under section 25-f of the industrial disputes act as compared to the better compensation which would have been available to them had they availed of the voluntary retirement scheme. ..... in paragraph 33, the supreme court has clearly held that in enacting chapter v-b the intention of the parliament was to alter the existing law relating to lay-off, retrenchment and closure in relation to the larger industrial establishments falling within the ambit of chapter v-b because it was felt that the existing law enabled large scale lay-offs, retrenchments and closures by large companies and undertakings and this had resulted in all ..... in the case of maharashtra general kamgar union (supra) which has been relied upon by the authority, there is no doubt that the bombay high court had expressed that the enquiry under section 25-n was not meant to be an elaborate quasi-judicial enquiry. .....

Burmah Shell and Storage and Distributing Co. of India Ltd., Madras Vs ...

Court : Chennai

Reported in : AIR1957Mad60

..... that the parties to a dispute stand in the relation of an employer and a workman as defined in the act, the award is null and void as lacking in an essential preliminary to the jurisdiction of the tribunal,'the learned judge observed: 'the contention raised on behalf of the petitioners that there should be an industrial dispute falling within the definition of that expression in section 2(k) of the industrial disputes act, before the government can make a reference under section 10(1)(c), or the industrial tribunal can acquire jurisdiction by reason of such reference ..... depot superintendent, assistant depot superintendent and lady secretary, were workmen as defined by section 2(s) of the industrial disputes act, on the sole ground that the decision of the appellate tribunal in prior proceedings between the same parties attracted the principle of res judicata and barred a further investigation of the question ..... the trial judge overruled the plea of the defendants, that their status as tenants was res judicata as a result of the earlier proceedings before the rent control board, and the learned judge held that the relationship between the plaintiff and the defendant was not that of landlord and tenant but that of licensor and licensee. ..... re-stated in the passage i have extracted above; see also maharashtra sugar mills v. ..... state of bombay, air 1951 sc 313 (c). 6 ..... that such a decision on a jurisdictional issue, is open to correction may be taken as well settled law: see state of bombay v. .....

Workers employed in Thambi Motor Service, represented by the Secretary ...

Court : Chennai

Reported in : AIR1963Mad163; (1963)ILLJ497Mad; (1963)1MLJ33

..... learned counsel for the union contended that it was certainly within the competence of the government, acting as it did under section 10 of the industrial disputes act, to correct any mistaken reference made by it, and that, in any event, it had the power to make a supplemental reference, adding certain questions for adjudication in addition to the pre-existing ..... the representations made by the employer or his workmen the appropriate government considers the matter fully and reaches the conclusion that an industrial dispute exists or is apprehended and then makes the reference under section 10(1), there appears to be no reason or principle to support the contention that it has an implied power to cancel its order and put an end to the reference proceedings initiated by itself. ..... only that question that was intended to be referred to is made clear by the fact that, on two subsequent occasions, the workers made re-presentations to the government that that reference should be amended and another reference relating to the validity of the retrenchment should be substituted in that place but the government declined to accede to that request. ..... the application, accepted the contention of the management as to the incompetency of the second reference, and, holding that the tribunal had no jurisdiction to entertain and proceed upon the reference dated 12-12-1957, set aside the award. 2. ..... then a contention, based on the decision of a bench of the bombay high court in state of maharashtra v. .....

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, ..... 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 ..... 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. ..... safeguard in the shape of sub-section (2) of section 301 of the code of criminal procedure where it is provided that any private counsel could, under the instructions of the public prosecutor, help the public prosecutor to conduct the proceedings.12. ..... 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 .....

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

Court : Chennai

Reported in : (1997)ILLJ362Mad

..... his conditions of 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 of transfer ..... 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 under the third respondent- ..... the apex court proceeded to say, 'it may be relevant to add that this section conceivably proceeded on the assumption that if the ownership of an undertaking was transferred, the cases of the employees affected by the transfer would be treated as cases of retrenchment to which section 25f would apply ..... c (south maharashtra) ltd & ors. v. r. m. ..... association of engineering workers, bombay & others : (1987)illj427sc the supreme court relied on the earlier judgment in management of hindustan steel ltd ..... workmen 1964 i llj 366 (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

..... 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, that when the proceedings pending before the conciliation officer, a counter proposal was made at the instance of the petitioner which was not ..... the learned 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 writ petition was fully justified. ..... with any agreement between the parties; (d) the claim is patently frivolous; (e) the impact of the claim on the general relations between the employer and the employees in the region is likely to be adverse; (f) the person concerned is not a workman as defined by the act; (3) the government should not act on irrelevant and extraneous considerations; (4) the government should act honestly and bona fide; (5) the government should not embark on adjudication of the dispute; and (6) the government should ..... state of maharashtra and anr. ..... state of bombay : (1959)illj479bom bombay union of urnalists v. ..... state of bombay : (1964)illj351sc national union of commercial employees and ors. v. .....

Tamil Nadu Atomic Power Employees' Union, represented by Its Secretary ...

Court : Chennai

Reported in : (2001)1MLJ608

..... 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 8.5.2000, the conciliation officer initiated conciliation proceedings by calling upon the parties to come for conciliation on 11.5.2000, that when the proceedings pending before the conciliation officer, a counter proposal was made at the instance of the petitioner which was not acceptable ..... making it till morning result, and(e) slowdown response, logical analysis and warning of alertness, etc.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 course of conciliation, when ..... in the result, while setting aside the order impugned in this writ petition, dated 26.7.2000, the first respondent is directed to refer the question relating to justification of the change in the shift pattern in round the clock duty of the second respondent power station for adjudication to the appropriate tribunal within a period of one month from the date of receipt of ..... maharashtra and ..... state of bombay : air1959bom390 , bombay union ..... state of bombay : (1964)illj351sc , national union of commercial employees .....

Ennore Port Limited, Vs. Hcc Van Oord Acz Joint Venture, and ors.

Court : Chennai

..... the bombay high court in maharashtra industrial development corporation limited v. ..... said act, inter alia provides that in any proceeding for the recovery of any debt or damages or in any proceeding in which a claim for interest in respect of debts or damage already paid is made, the court may, if it thinks fit, allow interest to the person entitled to the debt or damages or to the person making such claim, as the case may be, at a rate not exceeding the current rate of interest, for the whole or part of the periods indicated in the said section.11. ..... the tribunal made the following award :"13.0 award of tribunal :under the circumstances and considering all arguments by both the parties and on the basis of the conclusions as stated above, the tribunal finds that section 5 relating to whole of the works substantially completed on 01.06.2001. ..... and others reported in 2009 (5) ctc 264, the supreme court has traced the position of law relating to award of interest for the three periods namely, pre-reference period, pendente lite period and future interest and in considering the 1996 act held that this act recommended only two periods and makes the following provisions: "a. ..... however, section 3(3) makes it clear that nothing in this section shall apply in relation to any debt or damages upon which interest is payable as of right by virtue of any agreement or any debt or damages upon which payment of interest is barred by virtue of an express agreement. .....