Court : Mumbai
Reported in : 2004(3)BomCR691; [2004(102)FLR188]; (2004)IIILLJ717Bom; 2004(3)MhLj22
..... this is obviously because the respondent proceeded on the premise that the bombay industrial relations act not being applicable, the standing orders framed thereunder would have no application and, therefore, the petitioner would not be able to continue till the age of ..... and the retail cloth shop are registered under the two different acts, namely, the bombay industrial relations act and the bombay shops and establishments act respectively, same benefits would be available to the retail cloth shop workers as are available to those working ..... according to the learned advocate for the sake of receiving benefits, the coverage by the bombay industrial relations act is not necessary as the employer cannot have two sets of service conditions for workmen ..... more than 50 workmen in the retail cloth shop, the provisions of the industrial employment (standing orders) act would have been applicable in view of the provisions of section 38(b) of the bombay shops and establishments act. ..... the learned advocate for the petitioner submits that after coming into force of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 the employer cannot show favouritism to one set of workmen and give them better benefits ..... retail cloth shop, with which we are concerned, less than 50 workmen were employed and therefore, the model standing orders would not apply mutatis and mutandis to the retail cloth shop employees as section 38(b) would not then come into operation. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... the bombay industrial relations act, 1946 and industrial disputes act, 1947 and the industrial courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 are courts and courts subordinate to the high court in terms of section 3 of the contempt of courts act, 1971 or rather section 10 thereof and equally nominee of the registrar acting under section 96 of the gujarat co-operative societies act, 1961 and deciding disputes under section 101 and the co-operative tribunal under that act are ..... joint committees of employees and registered union for the industry ..... or lowers or tends to lower the authority of, any court; or(ii) prejudices or interferes or tends to interfere with, the due course of any judicial proceeding; or(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;'section 10 of the act which is, relevant for our present purpose reads as under : -'every high court shall have and exercise the same jurisdiction, powers and authority, in ..... held -'the officers on special duty appointed by the state government in exercise of the powers under section 3 of the maharashtra co-operative societies act 1960 under the maharashtra government notification dated 11-3-1969 are courts within the meaning of the contempt of courts act while discharging their duties under the state act'.the following pertinent observations having been made in the report 'mainly two criteria have been laid down .....
Tag this Judgment!Court : Mumbai
Reported in : (1951)53BOMLR1003
..... the appellants filed a petition in the high court of bombay, urging that contract labour were not in fact employed by them nor were they their employees within the definition contained in section 3(3)(a) of the bombay industrial relations act, 1946, and that being so, there was no industrial dispute between the appellants and the contract labour and the reference to the industrial court was without jurisdiction. ..... by a notification dated january 8, 1948, published in the government gazette, under section 2(4) of the bombay industrial relations act, 1946 (bom. ..... an industrial dispute has arisen between the maharashtra sugar mills limited, belapur road district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other meansnow, therefore, in exercise of the powers conferred by section 73 of the bombay industria relations act, 1946 (bombay act .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR772; 2002(5)BomCR772; [2002(94)FLR367]
..... take any grounds to challenge the order of dismissal other than the grounds mentioned in the letter of approach under section 42(4) of the bombay industrial relations act, 1946. ..... the industrial court had wholly relied upon the following passage from the judgment of the labour appellate tribunal:--- 'section 42(4) of the bombay industrial relations act read with section 78(1) of the act under which the application in question was made to the labour court, expressly provides that no such application shall lie unless the employee has in the prescribed manner approached ..... tribunal had totally lost sight of the fact that it was dealing with a beneficial legislation to help the labour as a weaker section at the same time to help maintain the industrial peace in the industry and industrial relations between the employers and the employees. ..... at in any conciliation 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 proceedings within the meaning of section 63. ..... the petitioner is aggrieved by the judgment and order of the industrial court, maharashtra in appeal filed by the respondent company against the order of the labour court at thane directing the respondent company to reinstate the petitioner with .....
Tag this Judgment!Court : Mumbai
Reported in : [1994(68)FLR1143]; 1993(2)MhLj1660
..... 2, thereafter, through his union made an application under section 78 and 79 of the bombay industrial relations act, 1946 (the act) before the labour court challenging the order of dismissal ..... pertinent to mention that the appeal lies under section 84 of the bombay industrial relations act, 1946 to the industrial court against an order of the labour court. ..... the facts and circumstances of this case, the undisputed findings of the labour court and the industrial court regarding the graveness of the misconduct of the employee and the decision of this court referred to above, i am of the clear opinion that the industrial court acted beyond its jurisdiction in reversing the order of dismissal and substituting it with its own order ..... from a reading of the order of the industrial court, it appears that it was under the impression that while disposing of an appeal under section 84 read with section 85 of the act, it had all the powers of the domestic tribunal and hence, it was free to take a different view in any matter and substitute the opinion of the employer or the authorities below ..... far as the sufficiency of the evidence on record to prove the charge framed against the employee is concerned, the industrial court held that the labour court was perfectly justified in holding that the material evidence on record was sufficient to prove ..... of the labour court, an appeal was filed before the industrial court, maharashtra under section 84 read with section 85 of the act which was numbered as no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... bombay act' is defined by clause (1) of section 3 of the recognition of trade unions act as meaning the bombay industrial relations act, 1946 ..... society there is a limit to the term of office of the members of the managing committee and a provision for re-election and that there are provisions in the maharashtra co-operative societies rules, 1961, providing for disqualifications for membership of the committee; while under section 73bb no term of office is provided in respect of an employee-member of the committee nor are any disqualifications prescribed with respect to an employee being selected or nominated as a ..... - (1) notwithstanding anything contained in section 11 of the industrial disputes act, 1947 (14 of 1947), or any other law for the time being in force, no banking company shall, in any proceeding under the said act or in any appeal or other proceeding arising therefrom or connected therewith, be compelled by any authority before which such proceeding is pending to produce, or give inspection of, any of its books of account or other document or furnish or disclose any statement or information, when the banking company ..... these sections provided for setting up of joint management councils consisting of representatives of the employers and employees in the prescribed manner in all undertakings or any class of undertakings in any industry in which five hundred or more employees were employed or had been employed on any day in the preceding twelve months as the slate .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR140; 1966MhLJ1149
..... from non-payment of dearness allowance as stipulated under the said award and the agreement shall not be enforceable in respect of such periods;now, therefore, in exercise of the powers conferred by section 4 of the said act, the government of maharashtra hereby directs(i) that the provisions of sub-section (i) of section 42, clauses (ai), (i), (ii), and (iii) of sub-section (2), sub-sections (3), (4) and (5) of section45 of the bombay industrial relations act, 1946 (so far as they relate to change in the terms of the award or as the ease may be, the agreement applicable to the said relief undertaking ..... of unemployment relief and(b) directed under section 4 of the said act that the provisions of chapter va of the industrial disputes act, 1947 (xiv of 1947) shall not apply in relation to the said relief under-taking in respect of the period of one year and that the said relief undertaking shall be exempt from the aforesaid provisions;and whereas, the government of maharashtra is of the opinion that the provisions of sub-section (1) of section 42, clauses (ai)(i), (ii) and (iii) of sub-section (2), and sub-sections (3), (4) and (5) of section 65 of the bombay industrial relations act, 1946 (bom. .....
Tag this Judgment!Court : Mumbai
Reported in : (1970)72BOMLR77
..... and in respect of the further period for which that relief undertaking continues as such the provisions of sub-section (i) of section 42, clauses (ai), (i), (ii) and (iii) of sub-section (2) of section 46 and section 98 of the bombay industrial relations act, 1946 (bom xi of 1947) and of chapter va of the industrial disputes act 1947 (xiv of 1947) shall not apply and the said relief undertaking shall be exempt from the aforesaid provisions of the bombay industrial relations act and from the provisions of chapter va of the industrial disputes act.by order and in the name of the governor of maharashtra.6. ..... of the adjudication proceedings the licence of the said company under the indian electricity act, 1910, was revoked by the state government, and as provided by the indian electricity act, 1910 a substantial portion of the machinery and assets of the said company were purchased by the maharashtra state electricity board and the price thereof was determined in accordance with the provisions of the indian electricity act. ..... one of the trade unions representing the employees in the said adjudication proceedings applied that the board should be impleaded as a party to the said proceedings on the ground that it was a successor-in-title of the company having purchased the business of the said company as a ..... accepted by the workmen themselves as is borne out by the fact that the workmen filed with the official liquidator a claim which was registered in liquidation proceedings as claim no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)BomCR339; [2002(92)FLR927]; 2002(2)MhLj448
..... sangh, a union registered under the trade unions act, 1926 and also recognised as a representative union under the provisions of the bombay industrial relations act, 1946 for the local area ofamravati taluka in which ..... in the month of february, 1974, the mill was taken over by the government of india at the instance of the government of maharashtra under section 18fa(2) of the industries (development and regulation) act, 1951 and that the government of maharashtra exercised the powers conferred on it under the bombay relief undertakings (special provisions) act, 1958 and declared by its notification dated 28-1-1975 the mill as 'relief undertaking' and similar notifications were issued from time to time ..... as indicated above, the union is aggrieved by the proceedings initiated by the corporation under section 25o of the act of 1947, while the corporation is challenging the legality and correctness of the order dated 2-5-1997 ..... court in dayakar reddy's case is a complete answer to the contention of the learned counsel for the union that after the decision taken by the state government to effect closure, the proceedings under section 25-o of the act of 1947 were an empty formality. ..... has prayed for appropriate writ, order or direction for quashing and setting aside the notice of closure dated 7-2-1997, the decision of the state government dated 3-2-1997 and the entire proceedings initiated in pursuance of notice of closure dated 7-2-1997 before the commissioner of labour, mumbai. .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)2GLR262
..... was contended in that case that an industrial dispute arises only when an employee who is dis-satisfied by an action on the part of the employee approaches the employer in the manner laid down in the proviso to section 42(4) of the bombay industrial relations act and that since the employee had made no approach to the employer at bombay, no industrial dispute had arisen at bombay. ..... was an application made under the bombay industrial relations act, 1947 and not under the industrial disputes act, 1947. ..... facts which weighed with the high court in coming to its conclusion were as follows: the salesman whose services were terminated had undoubtedly been residing in madhya pradesh but the reference must be in relation to the place of the existence of the industry, the employer company had not been carrying on business any where in the state of madhya pradesh on the date of reference. ..... has also observed that the submission of the charter of demands by the workmen at jullundur or the holding of the conciliation proceedings at jullundur cannot invest the punjab government with the jurisdiction to refer the disputes to the punjab labour court.8. ..... it was referred by adjudication under section 10(1)(c) of the industrial disputes act by the assistant commissioner of labour, ahmedabad to the labour court ..... alia states as under: 'in relation to any other industrial dispute, the state government. ..... 'appropriate government' has been defined by section 2(a) of the industrial disputes act, 1947. .....
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