Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 50 proceedings of joint committee Court: mumbai Page 1 of about 134 results (0.104 seconds)

H.L. Roche and Others Vs. Citizen Co-operative Bank Ltd. and Others

Court : Mumbai

Reported in : AIR1996Bom126; 1996(2)BomCR411; (1995)97BOMLR546; 1996(1)MhLj258

..... be filled by selection made by the union or unions recognised under the bombay industrial relations act, 1946, or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 from amongst such employees. ..... naik says that the correct and proper interpretation of section 73-bb is that if the number of members of the committees is 11 or less, the employees will be entitled to one seat, but if the number is 12 or more, then the employees will be entitled to one more seat; provided that there is complete block of 10 members over and ..... within the meaning of section 73ic of the maharashtra co-operative societies act, 1960 ('act', for short). ..... to be held by the registrar of co-operative societies in accordance with chapter va of the maharashtra co-operative societies rules, 1961 ('rules' for short), which consists of rule 56a to rule ..... about the applicability of section 73b, although initially both the parties proceeded on the basis that the said section is applicable to the respondent ..... to be interpreted and applied in the perspective of article 43-a of the constitution, and the benefit of any reasonable doubt even of law will have to be resolved in favour of the weaker section namely employees to whom the legislature wants to give effective representation'.it was also observed that the intention behind this participation is to create healthy relations between the management and the workers so that by a joint decision-making process both will be benefitted. .....

Labour Law Practitioner's Association and Anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : [1979(39)FLR89]

..... constituted under the industrial disputes act, 1947 and the bombay industrial relations act, 1946 and that under the industrial disputes act, labour courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second schedule of the act and for performing such work as may be assigned to them under the act. ..... claimed that the amendments were carried out in the bombay industrial relations act and the industrial disputes act to facilitate the smooth working of those courts and appointments of those posts are not required to be made in consultation with the maharashtra public service commission or with the high court ..... ' has been defined by clause (a) of article 236 of the constitution of india as follows :'the expression 'district judge' includes judge of a city civil courts, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge. ..... the provisions of section 33-c of the act enable the labour court to take proceedings of the recovery of money due from the employer under an award or enforceable order, while section 38(2)(a) of the act confers power upon the appropriate government to frame rules to determine the powers and procedure of the labour courts as to the summoning of witnesses, the production of documents and the number of members .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : '123a. ..... shall not be effected and any investigation, legal proceedings, or remedy in respect of any such right, privilege, obligation or liability shall, so far as it is not inconsistent with the provisions of this act, be made, instituted, continued and availed of as if the said act had no been repealed and continues in operation : (b) any proceedings pending before the state industrial court, a district industrial court, the labour commissioner, the registrar or the wage board, conciliation proceedings, or any proceedings relating to the trial of offences punishable under the ..... provisions of the act so repealed shall be continued and completed as if the said act has not been repealed said continued in operation .....

Pune District Central Co-operative Bank Ltd. Vs. Bank Karmachari Sangh ...

Court : Mumbai

Reported in : 2000(4)BomCR811

..... it is needless to mention that the petitioner bank is governed by the provisions of the bombay industrial relations act, 1946 and is also governed by the provisions of the maharashtra co-operative societies act, 1960.1 need not dwell on the point that both the statutes operate in separate fields and both have different object to be achieved. ..... (3) when no settlement is arrived at in any conciliator 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 sub-section (2), no fresh notice with regard to the same change or a change similar in all material particulars shall be given before the expiry of two months from the date of the completion of the proceeding within the meaning of section 63. ..... in the year 1946 which takes in its contemplation almost all the creases to be ironed out first jointly and mutually by the employers and the employees represented by the representative of 'employees' a trade union statutorily recognised for the first time to act as a representative union for the notified industries in a defined local area; in case of their failure to arrive at a bilateral agreement the parties can approach the state machinery provided under the act, such a conciliation proceedings and thereafter ..... whatever actions or steps or changes become necessary in accordance with the need of the changing times both have to jointly devise their mutual acceptable solutions. .....

Arvind Ramdas Valke Vs. Ispat Industries Ltd. and ors.

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... said section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... : (1979)iillj194sc to state that this was the only objection taken in the written statement and there was no ground that he does not satisfy the requirements of section 3(13) of the bombay industrial relations act, 1946. ..... in said paragraph 2, the employee has pleaded that the provisions of the bombay industrial relations act, 1946 as also provisions of industrial disputes act, 1947 are applicable to the industry. ..... ignoring the absence of the pleadings and grounds as also the issue, the learned member, industrial court has proceeded to consider the status of the employee (shri valke) under section 3(13) of the bombay industrial relations act and recorded a finding, at the end of paragraph 17, that he is also not an employee thereunder. ..... he relied upon judgment in city and industrial development corporation of maharashtra v. r.m. ..... as against this, shri kumar, advocate for employer, contended that the contention of the employer before the industrial court was that the employee was not a workman under section 2(s) of the industrial disputes act as also under section 3(5) of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 i.e. m.r.t.u. & p.u.l.p. ..... he also relied upon the judgment of this court maharashtra state road transport corporation v. .....

The Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

..... secondly, this court has held in various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, 1968. 34. ..... provided that, an industrial dispute as defined in clause (k) of section 2 of the industrial disputes act, 1947, or rejection of nomination paper at the election to a committee of any society other than a notified society under section 73 1 c or a society specified by or under section 73 g, or refusal of admission to membership by a society to any person qualified therefore or any proceeding for the recovery of the amount as arrear of land revenue on a certificate granted by the registrar under sub section (1) or (2) of section 101 or sub section (1) of section 137 or the recovery proceeding of the registrar or any officer sub ordinate to hi m or an officer of society notified by the .....

Navnath Siddhappa Koli Vs. Siddheshwar Sahakari Sakhar Karkhana Limite ...

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... 1354, the extent of the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... the revisional jurisdiction of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record of the case is before it. ..... kulkarni relating to the jurisdiction of the industrial court under section 44 of the pulp act, it would be better to dispose of another point which he has with some perseverance urged. dr. ..... 33 of 1980, under section 44 of the pulp act before the industrial court at bombay. ..... the jurisdiction under section 22 of the bihar act, the supreme court said, was not limited as that of the industrial court or labour court under section 334 of the industrial disputes act. ..... industrial court, maharashtra, 1970 lab.i.c. ..... in may opinion, therefore, the industrial court has not committed any error in the exercise of its jurisdiction when it proceeded to examine the correctness of the order passed rather than the finding given by the labour court. ..... 22 of 1977, before the labour court at solapur under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, hereinafter referred to for brevity's sake as the 'pulp act' . .....

Sahakari Bank Karmachari Sangh Vs. the District Deputy Registrar, Co ...

Court : Mumbai

Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118

..... the seats so reserved shall be filled by selection made by the union or unions recognized under the bombay industrial relations act, 1946 (bom.xi of 1947) or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mah. ..... section 21 states that no employee in an undertaking to which the provisions of the industrial disputes act apply shall be allowed to appear and act or be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of the schedule iv except through the recognized union. 42. ..... combined effect of the provisions of the bombay act leaves no room for doubt that consistent with its avowed policy of preventing the exploitation of the workers and augmenting their bargaining power, the legislature has clothed the representative union with plenary power to appear or act on behalf of the employees in any proceedings under the bombay act and has deprived the individual employees or workmen of the right to appear or act in any proceedings under the bombay act, where the representative union enters ..... he submitted that the petitioner has no locus to claim such relief since even if the representatives of the petitioner were to be selected as members of the managing committee under section 73bb, they have no right to vote in the elections of the chairman and vice chairman. 16. mr. .....

Ashrafinath R. Yadav and ors. Vs. National Textile Corporation and ors ...

Court : Mumbai

Reported in : 2002(3)BomCR352; (2002)1BOMLR115; [2002(92)FLR1109]; 2002(1)MhLj487

..... respondents did not accede to the demand made by the petitioners to make them permanent, the petitioners filed an application under the provisions of bombay industrial relations act, 1946, complaining that the respondents had committed an illegal change claiming permanency. ..... that on 14th february 1995, the respondents, gave notice of change under the provisions of bombay industrial relations act for introduction of voluntary retirement scheme in some departments. ..... were superannuated and the posts have not been abolished, by following the procedure under bombay industrial relations act. ..... urges that inany event the bar under section 59 will operate and the complaint is liable to be dismissed, in view of the fact that the petitioners had actually approached the labour court under the bombay industrial relations act.7. ..... an interim order was passed whereby the industrial court directing the respondents to provide regular work to the petitioners pending hearing and final disposal of ..... in the result, i find that the industrial court has totally misdirected itself by coming to the conclusion that the petitioners were not entitled to ..... petition challenges the order of the industrial court dismissing a complaint filed by the petitioners under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... relies upon judgments of this court reported in national textile corporation south maharashtra ltd. v. ..... maharashtra state co-operative .....

Ambika Silk Mills Co. Ltd. and Another Vs. Maharashtra General Kamgar ...

Court : Mumbai

Reported in : 1998(2)ALLMR609; 1998(2)BomCR148; [1998(79)FLR1]; (1999)IIILLJ1095Bom; 1998(1)MhLj568

..... it would be relevant here to mention that the maharashtra general kamgar union, though is neither representative nor approved union under the bombay industrial relations act, 1946, filed a complaint of unfair labour practice under section 28 read with item 9 of schedule iv of the mrtu & pulp act against the employer company in the industrial court on 10-12-1986. ..... the division bench of this court held that an unequivocal right is established that the representative union under the bombay industrial relations act has the sole privilege of representing employees in an industry and that right is not taken away or in any manner affected in proceeding under mrtu & pulp act. ..... 21 (2) notwithstanding anything contained in the 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. ..... section 21 of mrtu & pulp act, upon which emphasis was laid on behalf of the appellants, states that no employee in an undertaking to which provisions of the industrial disputes act applies shall be allowed to appear or act or be allowed to be represented in any proceeding relating to the unfair labour practices specified in items 2 and 6 of schedule iv except through the recognised union. .....