Court : Mumbai Nagpur
..... as per the provisions of section 3(18) of the act of 1971, the words and expressions used in the act of 1971 and not defined therein or in the bombay industrial relations act, 1946 shall have the meanings assigned to them by the act of 1947. ..... it was held therein that an interim order passed on an application under sections 78 and 79 of the bombay industrial relations act, 1946 could not be termed either as a settlement or award for the purposes of invoking the provisions of section 33c(1) of the act of 1947. ..... if the relevant provisions of act of 1947 in that context are noted, it can be seen that section 2(b) defines award to mean an interim or final determination of any industrial dispute or of any question relating thereto by any labour court, industrial tribunal or national industrial tribunal. ..... the question that arises for consideration in this writ petition is whether a complaint under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short, the act of 1971) under schedule iv item 9 is maintainable for a declaration that non-compliance of the judgment in an earlier complaint filed under section 28 of the act of 1971 would amount to an unfair labour practice. 2. ..... thereafter under section 59 of the act of 1971 if any proceedings with regard to any matter falling within purview of the act of 1971 is instituted, then no proceedings at the same time can be entertained in respect of the same matter under the act of 1947. .....
Tag this Judgment!Court : Mumbai Nagpur
..... not giving promotion to the complainants but giving the same to the respondents violating golden rule of the seniority, the employer _ respondent no.1 bank effected the 'change' in the condition of service without following the provisions of section 42 of the bombay industrial relations act, 1946. ..... grant of promotion and seniority above the complainants to respondent nos.2 to 5 from the post of peon to the post of clerk is an illegal change in accordance with section 42 of the bombay industrial relations act, 1946 ? ..... the original complainants filed complaints (ulp) nos.121/2006, 125/2006, 126/2006 under section 28 r/w item nos.5 and 9 of schedule iv the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short _ the mrtu and pulp act, 1971) claiming that respondent nos.2 to 5 in the complaints filed by them were promoted from the post of peon to the post of clerk by respondent no.1 - chandrapur district central cooperative bank limited, ..... (iv) let the industrial court, chandrapur decide the proceedings afresh within a period of ten months from the date of receipt of writ from ..... to sum up, the proceedings of complaint (ulp) nos.121/2006, 122/2006, 123/2006, 124/2006, 125/2006, 126/2006, 128/2006, 129/2006 and 130/2006 will have to be sent back to the industrial court for fresh hearing and disposal in accordance ..... be true that strict rules or procedure contemplated by the code of civil procedure may not be applicable to the proceedings. .....
Tag this Judgment!Court : Mumbai Nagpur
..... he points out that though central government is appropriate government for respondent no.6, as deduction under bombay labour welfare act still continues, bombay industrial relations act, 1946 continues to apply and hence, to that extent, there is statute, which regulates grant of status as representative union in state of maharashtra. ..... he further submits that the bombay industrial relations act, 1946 and the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 are such statutes in state of maharashtra. ..... merely because a welfare measure of deduction towards welfare fund being carried under bombay welfare labour act is continuing, that would not mean that provisions of bombay industrial relations act, 1946 apply to respondent no.6. 12. ..... he further contends that provisions of section 2(a) of industrial disputes act, 1947 defining appropriate government are very clear and as such, provisions of bombay industrial disputes act, 1946 or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 cannot apply. ..... as provisions of section 2(a) of industrial disputes act, 1947 are very clear, central government being appropriate government, provisions of bombay industrial relations act, 1946 do not apply to respondent no.6. ..... a procedure for verification of membership of unions, to determine their representative character, has also been approved by the standing labour committee. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the respondents thereafter approached the learned industrial court with a grievance that by transferring the employees from the quality control department, the appellant has committed an illegal change, as notice of change under section 42(1) of the bombay industrial relations act, 1946 (for short, the bir act ) was not given. ..... cited supra, the apex court was considering provisions of section 9a of the industrial disputes act, 1947. ..... rule is made absolute in writ petition no.446 of 2006 setting aside judgment and order passed by the learned industrial court in complaint (ulp) no.245 of 2004 to the effect it partly allows the complaint. 17. ..... insofar as judgment of the division bench of this court in the case of cooperative bank employees union cited supra is concerned, no doubt that the division bench has held that where an employer intends any change in respect of an industrial matter specified in schedule ii of bir act, the question of prejudice to an employee is not relevant. ..... the learned counsel submits that if the finding as recorded by the learned industrial court so also by the learned single judge is accepted, clause 21 will render ..... it is further contended that this act of the appellant amounts to unfair labour practice under item no.9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... the establishment of the appellant is situated at midc (maharashtra industrial development corporation) area, buritibori, nagpur. .....
Tag this Judgment!Court : Mumbai Nagpur
..... when the said enactment was brought into force, there were only two enactments in force providing machinery for investigation and settlement of industrial disputes one was the bombay industrial relations act, 1946, which is a state legislation; and the other was the industrial disputes act, 1947, which is a central legislation. ..... now the question is whether mrtu and pulp act can be said to be a corresponding law relating to investigation and settlement of industrial disputes in force in the state of maharashtra? ..... section 30 of the said act deals with the powers of the industrial and labour courts, and under subsection (3) therein, such courts are conferred with the same powers, as are vested in the courts in respect of (a) proof of facts by affidavit; (b) summoning and enforcing the attendance of any person, and examining him on oath; (c) compelling the production of documents; and (d) issuing commissions for the examination of witnesses, for the purposes of holding an enquiry or proceeding under the said act. 34. ..... in force in the state of maharashtra within the meaning of section 22 of the payment of bonus act. 30. ..... in the complaint (ulp) no.102 of 2009 filed by the elected representatives under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the mrtu and pulp act? .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is argued that the petitioner is an industry engaged in manufacturing of gas cylinders at kalmeshwar, district nagpur and the provisions of the bombay industrial relations act, 1946 are applicable and not chapter v-b of the industrial disputes act, 1947. 4. ..... taking stock of the above discussion, in view of section 2 (kkk) of the industrial disputes act, the reason given for lay-off by the petitioner as shortage or non-availability of orders appear contrary to facts and was rightly found as illegal and without justification by the learned industrial court. ..... that is the matter relating to the management of the undertaking and unless mala fides are alleged or proved, the industrial tribunal cannot exceed its jurisdiction in dealing with the dispute whether lay-off was justified ..... that is a matter relating to the management of the undertaking and unless mala fides are alleged or proved, the industrial tribunal cannot exceed its jurisdiction in dealing with the dispute whether lay-off was ..... where lay-off satisfies the tests laid down under section 2 (kkk) of the industrial disputes act, it is not open for the tribunal to inquire whether the employer could have avoided lay-off if he had been more diligent, more careful and farsighted ..... the court held that the petitioner herein committed the unfair labour practice while resorting to lay-off and not paying wages (vide item 9 schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the complaint was filed by the elected representatives of the employees under the bombay industrial relations act, 1946. ..... it has to be held that the employer has right to withdraw the overtime work even unilaterally and such action on the part of the employer does not amount to change, requiring a notice under section 42 of the bombay industrial relations act. ..... it has also been held that the employment of the new recruits on temporary basis for getting the extra work done, amounts to change in the service conditions and hence, the notice of change under section 42 of the bombay industrial relations act was required to be given to the employees and failure to give such notice, vitiates the change. ..... the industrial court has, therefore, committed an error in holding that there was a breach of settlement violative of item 9 of schedule iv of the said act, or even for that matter, the provision of section 33 of the industrial disputes act was also not attracted, requiring the permission of the court. ..... it was a complaint invoking item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 on the ground that the petitioner-employer was engaged in unfair labour practice by recruiting new employees and taking overtime work from the permanent employees. ..... 21.8.1984), the maharashtra act no.1 of 1972 has been impliedly repealed and no complaint is maintainable under the said act. d. .....
Tag this Judgment!Court : Mumbai Nagpur
..... and berar act came to be repealed and the provisions of the bombay industrial relations act, 1946 (for short "bir act") were made applicable to the paper industry in vidarbha region ..... learned senior counsel submits that on 23.04.1946 the industrial employment (standing orders) act, 1946 (hereinafter referred to as "the central act) was made applicable to the industrial establishment of the appellant under the provisions of section 2-a of the central act. ..... submits that after that by issuing a notification under sub-section (5) of section 2 of the bir act, the paper industry was withdrawn from the applicability of the provisions of the bir act on 2.6.1967. ..... facts in brief giving rise to the present appeal are as under:- respondent no.1 which is undisputedly an unrecognized union filed a complaint being complaint ulp no.1286 of 1987 under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as "mrtu and pulp act) under item nos. ..... the learned industrial court vide judgment and order found that in view of section 21(1) of the mrtu and pulp act, no complaint would be tenable with regard to item ..... the only reliance that is sought to be placed is on the provisions of section 21 of the mrtu and pulp act contending that what the complainant-union could not get under item 6 of schedule iv, the union cannot get the same relief under item 5 of schedule iv. ..... he submits that by maharashtra act no.22 of 1965, the .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 3 (13) of bombay industrial relations act, 1946 defines employee as under:"employee" means any person employed to do any skilled or unskilled work for hire or reward in any industry, and includes(a) a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of subclause (e) of clause (14);(b) a person who has been dismissed, discharged or retrenched or whose services have been terminated from employment on account of any dispute relating to change in respect of which notice is given or an application made under section 42 ..... 6500/ per month and hence, he did not go out of definition of employee as given in section 3 (13) of bombay industrial relations act, 1947; hereinafter referred to as bir act. ..... act was enacted to provide for the regulation of the relation of employers and employees in certain matters and to consolidate and amend the law in relation to the settlement of industrial ..... even in maharashtra industrial development corporation vs member industrial court (supra), i, have considered in detail all precedents and judgment of hon'ble apex court in sarva shramik sangha ..... (2005) 12 scc 433 (oswal petrochemicals vs government of maharashtra) only follows settled law and does not advance the stand of petitioner ..... various judgments on which both counsel have relied before me were pressed in the service even in that matter and in paragraph 13, division bench proceeded to decide issue about jurisdiction. .....
Tag this Judgment!Court : Mumbai Nagpur
..... no notice of change was given as required by the section 42 of the bombay industrial relations act, 1946.? 16. ..... nos.299 of 2012, 903 of 2005, 2985 of 2002, 3118 of 2004, 3119 of 2004, 3120 of 2004, 3502 of 2001, 3531 of 2004, 3592 of 2004, 5902 of 2002 and 5954 of 2004, challenging the decision of the industrial court setting aside the order of reinstatement with continuity in service and full back wages; whereas, the corporation has preferred writ petitions nos.67 of 2006, 1023 of 2002, 1024 of 2002, 1025 of 2002, 1026 of 2002 ..... corporation, while issuing the retrenchment notices dated 31st may, 1995, as well as other notices issued between 31st march, 1995, to 31st may, 1995, did not comply with either of the two requirements of section 25-n, namely, giving three months notice to the workman in writing or paying them three months wages in lieu thereof and taking of prior permission from the appropriate government, the retrenchment of the respondent-workmen by the ..... separate complaints were filed by all these employees under section 28 read with item i of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, which were allowed by the labour court, nagpur, by its separate judgments and orders, granting a declaration that the termination of all these complainants amounts to such unfair labour practice and the ..... positive statement comes from the corporation, then the court will proceed to decide the matters on merits. s.o. .....
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