Court : Mumbai
Reported in : 2007(1)BomCR842; [2007(112)FLR1003]; 2007(1)MhLj644
..... counsel for the petitioners drew our attention to section 21 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'trade union act') and section 33 and 33a of the bombay industrial relations act, 1946 (hereinafter referred to as the 'act of 1946'). ..... 1 urged that sections 33 and 33a of the act of 1946, clearly bar individuals from appearing in all proceedings before the industrial court and the right to do so was given to a recognised union. ..... section 21 of the mrtu & pulp act, upon which emphasis was laid on behalf of the appellants, states that no employee in an undertaking to which the 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. ..... 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 act and has deprived the individual employees or workmen of the right to appear or act in any proceedings under the act where the representative-union enters appearance or acts as representative of employees....the judgment of the supreme court in girja shankar kashi ram v.the gujarat spinning and weaving co. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR78; 2007(1)BomCR529; (2007)109BOMLR1; [2006(108)FLR879]; (2007)IILLJ217Bom; 2007(1)MhLj659
..... act which applies to establishments covered by the provisions of that act and those industries covered by the provisions of the bombay industrial relations act.the code of discipline has emerged from a consensus on the part of industries and unions to ..... by the concerned implementation officer or an officer of the central or state industrial relations machinery. ..... the latter,then in a situation where the total unionised strength is less than 50% of the work force, and this is the average scenario in our country, then a minority will be negotiating for the entire establishment/industry/region; on the other hand, if the entire workforce were to participate, then it is argued this may; weaken the urge or inducement for non-unionised workers to become members of one or other of the trade ..... we see no reason to depart from the view taken in the aforesaid decision nor are we satisfied that in the instant case the method resorted to by the industrial court was one consistent with the provisions of the statute.after so holding, this is what the supreme court held:even if the method of secret ballot is resorted with ..... of section 147 of the act and the object of reassessment proceedings. ..... statutory enactment in the state of maharashtra are contained in the provisions of ..... the membership of the unions has been laid down by the standing labour committee; its details are given in appendix iii. ..... unions to determine their representative character was also approved by the standing labour committee. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR80
..... because of this exercise undertaken by the industrial court, employer did not get opportunity to address that court to show that charge sheet was served within reasonable time, or then also to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, were only directory. ..... that charge sheet needed to be issued within a reasonable time it mentioned provisions of section 78 [1][d][i] of the bombay industrial relations act, it is to be noted that in paragraph no. ..... to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, are only directory he has relied upon the division bench judgment of this court reported at : 1994 [1] bcr 593 maniram nayansingh ..... sufficient and he has invited the attention of the court to other paragraph to show that entire history was placed in that complaint before the industrial court, so as to enable it to gather impact of the charge sheet dated 10.01.1996 on proceeding before the labour court. ..... , by issuing charge sheet dated 10.01.1996, it had indulged in unfair labour practice falling under item 9 of schedule iv of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the mrtu & pulp act' for short).2. ..... according to him, effect of enquiry on proceeding before the labour court is totally irrelevant in present matter and need not ..... 13 it has proceeded to observe that, charge sheet has been issued when there was no employer - employee .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(93)FLR350]; (2002)IILLJ328Bom
..... the petitioner is a trade union, registered under the trade unions act, 1926, and is also registered as the representative union under the bombay industrial relations act, 1946, for the co-operative banking industry in the local area of thane municipal limits. ..... according to shri cama, the fact of membership is irrelevant as it has exclusive right under the provisions of the bir act, 1946 to act and appear in any proceedings to the exclusion of all others. ..... act, 1946 and also under the maharashtra cooperative societies act, 1960. ..... ' by section 10(2) chapter iii of the mrtu & pulp act is not made applicable to the undertakings in the industries to which the bir act applies. ..... if any change is desired in the service conditions of the employees a notice of change is provided for under section 42 of the act by the employer or the representative union or an employee under certain circumstances. ..... except under section 23 there is no where in the act the representative union is included within the definition of the recognised union and it is further pertinent to note that it is restricted only for the said section and not for the whole act or even the chapters iii and iv. .....
Tag this Judgment!Court : Mumbai
Reported in : [2006(108)FLR1184]; (2006)IILLJ625Bom
..... section 59 bars the proceedings under industrial disputes act or bombay industrial relations act, if any proceeding in respect of the matter falling under mrtu & pulp act is instituted under that act. ..... bar of proceedings tinder bombay or central act: if any proceeding in respect of any matter falling within the purview of this act is instituted under this act, then no proceeding shall at any time be entertained by any authority in respect of that matter under the central act or, as the case may be, the bombay act; and if any proceeding in respect of any matter -within the purview of this act is instituted under the central act, or, as the case may be, the bombay act, then no proceeding shall at any time be entertained by the industrial or labour court under this act. 6. ..... such reference under section 25(2) is a proceeding in respect of the matter within the purview of mrtu & pulp act is beyond doubt and we are unable to accept the submission of mr. n.m. ..... on june 19, 1996 the union filed a reference before the labour court, mumbai in terms of section 25(2) of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (for short, 'mrtu & pulp act'). ..... in the writ petition, the commissioner of labour, deputy commissioner of labour, assistant commissioner of labour, state of maharashtra and premier automobiles limited were impleaded as respondents 1 to 5 respectively. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR416; 2006(3)BomCR246; [2006(110)FLR27]; 2006(4)MhLj578
..... section (2) of section 21 which inter alia provides that 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 ..... para 9 of the petition that their services are governed by the standing orders certified under the bombay industrial relations act, 1946 (hereinafter referred to as the bir act) and agreements/settlements entered into by the respondent company with the representative union. ..... been submitted that neither in the pleadings nor in the evidence nor in the arguments before the industrial court the contention has been raised that there has been a breach or violation of clause 4c ..... has been further contended that by virtue of the aforesaid, the respondent company has committed unfair labour practice under item 9 of schedule iv of the mrtu & pulp act and, therefore, the trial court ought to have granted all the reliefs and ought not to have relegated the petitioners to approach the rmms being the recognised union ..... the unrecognised union in the industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act (hereinafter referred to as the mrtu & pulp act). .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)ILLJ55Bom
..... is now well-nigh settled that for being covered under the umbrella of the act, one must be an employee within the definition of section 3(5) of the act and, in that, he should be a workman under the industrial disputes act, 1947 or the bombay industrial relations act, 1946, as the case may be. ..... in fact, the petition is liable to be dismissed only for the reason that nothing was stated before the industrial court regarding the duties of the petitioner and, secondly, it was also not made out before this court in the ..... considering all the aforesaid material together, it cannot be said that the industrial court was, in any way, in error in returning back the complaint to the complainant (petitioner herein) for being presented before the ..... in the whole petition, beyond dubbing the order of the industrial court as illegal and beyond contending that the industrial court has committed grave error of law in returning the case for being presented before the appropriate forum, there is absolutely nothing which is stated ..... is a petition challenging the order passed by the industrial court which has rejected the complaint in limine, by holding that the same is filed by a person who is a class-ii gazetted officer and a sectional engineer and cannot be termed as 'workman' and cannot excite the jurisdiction of the industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act').2a. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3117; 2009(6)MhLj463
..... he submitted that one dhargave was recruited by the respondent on 9-10-1991 without offering to him an opportunity of re-employment, thus breaching the provisions of section 25-h of the industrial disputes act as also the model standing orders framed under the bombay industrial relations act. ..... the learned counsel for the petitioner submitted that if the petitioner was retrenched, in terms of section 25-h of the industrial disputes act as also clauses 4d and 4e of the model standing orders applicable to the respondent, it was necessary for the respondent to give preference to the petitioner in employment if the work was available. ..... in view of this, the learned counsel for the petitioner was right in submitting that it was not open to the learned member, industrial court to read requirements relating to employment exchanges, which were not contained in the model standing orders.17. ..... this petition by the workman takes exception to the dismissal of his complaint recording unfair labour practice under items 9 and 10 of schedule iv of the maharashtra recognition of trade unions and unfair labour practices act by the learned member, industrial court, nagpur, by his impugned order dated 25-11-1998.2. ..... , this court has held that if at the time of employment of such persons the model standing orders govern such employment, subsequent framing of recruitment rules would be unhelpful unless such rules are notified under the industrial employment (standing orders) act, 1946. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR395; [2006(111)FLR944]; 2006(5)MhLj655
..... he was working in a supervisory capacity and therefore he was not an employee under section 3(13) of bombay industrial relations act, not a workman under the mrtu & pulp act and consequently the complaint was not maintainable and the labour court had no jurisdiction to entertain and try the complaint ..... aggrieved by the order of the labour court the petitioner filed a revision under section 44 of the mrtu & pulp act before the industrial court. ..... by this petition the petitioner-company challenges the judgment and order dated 12th december, 2000 passed by the industrial court, mumbai, dismissing its revision application against the order of the labour court.2. ..... after consideration of the evidence which was already adduced before it, the labour court came to the conclusion that the petitioner had indulged in an unfair labour practice, falling under item 1 of schedule iv of the mrtu & pulp act, by terminating the services of the respondent without enquiry and in colourable exercise of the petitioner's alleged contractual rights as an employer. ..... in these peculiar facts and circumstances the industrial court came to the conclusion that no prejudice has been caused to the petitioner by denial of the opportunity of further cross-examining the ..... the respondent challenged the termination of his service as an unfair labour practice falling under item 1 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'mrtu & pulp act'). .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(1)BomCR440; [1986(52)FLR39]
..... sub-section (1) of section 3, being the definition section, provides that unless the context require otherwise under the said act, 'bombay act' means the bombay industrial relations act, 1946. ..... 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 the act i of 1972 except through the representative of employees entitled to appear under section 30 of the b.i.r. ..... section 27a of that act provides that except as provided in sections 32, 33 and 33a, with which we are not concerned, no employee shall be allowed to appear or act in any proceeding under that act except through the representative of employees. ..... desai, learned counsel who appeared for the petitioners, and who appears for the respondents before us, contended that under sub-section (2) of section 22 of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 being maharashtra act 1 of 1872 (hereinafter referred to us 'the said act of 1972'), a right was conferred on respondent no. ..... act shows that by the expression 'proceedings under this act' used in section 27a what was meant was conciliation proceedings and proceedings, such as arbitration proceedings, proceedings before the labour courts or wage boards which are dealt with in chapters x, xi, xii and xiia of the b.i.r. .....
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