Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 50 proceedings of joint committee Page 3 of about 640 results (0.148 seconds)

Forbes and Co Ltd and anr. Vs. the Official Liquidator of the Swadeshi ...

Court : Mumbai

..... memorandum of understanding with rashtriya mill mazdoor sangh ought not be held to be conclusive and decisive of all claims and dues of the workers.15 ms.cox submits that once the company is in liquidation, then, the bombay industrial relations act, 1946 or the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971, are inapplicable. ..... against the said order by rashtriya mill mazdoor sangh, a registered trade union the bombay industrial relations act, 1946 and also the representative and authorized union of the company before the appellate authority for industrial and financial reconstruction (aaifr) was also dismissed vide its order dated 14th may 2001 ..... in such circumstances and when the intent of section 466(1) is to confer discretion on the court to stay the winding up proceedings permanently so as to enable the revival of the company in liquidation, then, all the more the applicants are not entitled to ..... referring to a sale of finished goods under the supervision of court receiver, it is stated that by resolution dated 20th september 2001 issued by the government of maharashtra, a high power committee was appointed to look into the matters relating to the workers dues, bankers and financial institutions. ..... section 447 of the companies act, 1956 states that an order for winding up of a company shall operate in favour of all the creditors and all the contributories of the company as if it had been made on the joint petition of a creditor and of .....

Rajya Pariwahan Yantrik Kamgar Sanghatana Vs. Regional Manager, Mahara ...

Court : Mumbai

Reported in : 1990(1)BomCR467

..... besides this, there is no recognised union either under bombay industrial relations act or under the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... these workshops are, therefore, governed by the bombay industrial relations act and it is, therefore, obligatory on the part of the respondent to give notice under section 42 of the bombay industrial relations act before bringing a change as laid down in the impugned circular.the corporation has principally engaged to render public passenger transport ..... consequently, the act of 1946 has no application to the workers engaged in the industrial establishment of the respondent ..... this court has held that notice in compliance of section 9-a of the industrial disputes act is necessary for change in timing of hours of work and rest-interval must be regarded as a condition of service.the government by notification dated 12-3-1951 in exercise of the power under clause (b) of the proviso to section 9-a of the industrial dispute act, has notified the regulations admittedly, alteration in working hours are brought in pursuance of powers conferred on this respondent under clause 54 of the ..... , the government by notification dated 8-5-1957 by exercising power under section 13-b of the industrial employment (standing orders) act 1946, notified the regulations in that behalf. ..... 196, have held that change contemplated under section 9-a of the industrial disputes act must be one which affects the employees adversely .....

Mumbai Girni Kamgar Union Vs. Mumbai Textile Mills (Ntc) and Others

Court : Mumbai

Reported in : [1992(65)FLR601]; (1993)ILLJ430Bom

..... not require any notice under section 42(4) of the bombay industrial relations act, 1946. ..... that the petitioner-union not being a representative union under the bombay industrial relations act, 1946 or recognised union under the act, was not entitled to maintain the complaint under the act. ..... issued by the respondents on march 17, 1992 was for the avowed purpose of 'modernisation' and that such a modernisation cannot be effected under the provisions of bombay industrial relations act, 1976 without a notice under section 42 thereof. ..... the petitioner had filed a complaint under section 28 read with item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act') against the respondents, inter alia challenging, as an unfair labour practice, a tender notice dated march 17, 1992, ..... , i am on agreement with the view of the industrial court that, as on the date of the complaint there being no outstanding amount due to any workman or employee represented by the petitioner, the case of 'failure to implement award, settlement or agreement' within the meaning of item 9 of schedule iv of the act was not made out. ..... secondly, the industrial court has held that there was no case of unfair labour practice within the meaning of item 9 of schedule iv of the act made in-as-much as it was not disputed that not a single paisa was outstanding as on the date of complaint to any of the employees represented by .....

Kanak Industries Vs. General Labour Union (Red Flag), a Trade Union, R ...

Court : Mumbai

Reported in : 2007(2)ALLMR477; 2007(5)BomCR286

..... by the first part of section 59, the interpretation of which would determine the outcome of the present case, the following ingredients have to be fulfilled before an authority under the industrial disputes act, 1947 or the bombay industrial relations act, 1946 is precluded from entertaining a proceeding: (i) a proceeding must be instituted under the mrtu & pulp act, 1971; and (ii) the proceeding must be in respect of any matter falling within the purview of the act of 1971. ..... considering the report as a legitimate external aid to construction of the act, the supreme court observed thus:the report of the committee on unfair labour practices which preceded the maharashtra act, while noticing the fact that the expression 'unfair labour practices' was being used in all fields and areas connected with industrial relations in a wider sense and loosely worded manner and not always to mean certain activities connected with collective bargaining, sought to enumerate the types ..... as the preamble to the maharashtra act would recite, the state legislature after taking into consideration the report of the committee, thought fit to decide among other things, to define and provide for the prevention of certain unfair labour practices and to constitute courts for carrying out the purposes of according recognition to trade unions and for enforcing in that context the provisions relating to unfair practices. .....

Glaxo Smith Kline Pharmaceuticals Ltd. Vs. Abhay Raj JaIn and anr.

Court : Mumbai

Reported in : 2008(6)BomCR602; (2009)IILLJ337Bom

..... in lalbhai tricumlal's case (supra) the division bench of this court clearly ruled that when the bombay industrial relations act does not deal with the cause of action, nor does it indicate what factors will confer jurisdiction upon the labour court, but applying the well-known test of jurisdiction a court or tribunal will have to ..... judge in that regard was, therefore, set aside while holding that the relationship of employer and employee with reference to a commercial establishment in tamil nadu is a pre-requisite for preferring an appeal under section 41(2) of the tamil nadu shops and establishments act and that when a person is employed to work in the goa establishment of the company, it must be held that he is employed wholly in connection with the business of goa establishment and merely because, the corporate ..... in paritosh kumar pal's case (supra) the full bench of the patna high court held that the provisions of the civil procedure code are not specifically made applicable to the proceedings under the industrial disputes act, 1947 and the situs of employment of the workmen would determine the tribunal's jurisdiction. ..... the actual effect of the unfair labour practice might take place beyond the territory of state of maharashtra but the origin of such effect lies in the state of maharashtra at mumbai and once that is disclosed in the complaint, it cannot be said that the industrial court at mumbai has no jurisdiction to entertain and deal with such complaint. .....

Universal Ferro and Allied Chemicals Limited Vs. Member, Industrial Co ...

Court : Mumbai

Reported in : 2002(3)ALLMR191; 2002(3)BomCR650; [2002(94)FLR554]

..... 2 & 3 have no right whatsoever to file a complaint under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, because such a complaint can only be filed by a representative union in view of section 21(2) of the said act, read with section 30 of the bombay industrial relations act, 1946. ..... to do full justice in this case which has been made time bound, it would be proper to give a direction that the issues be framed within two weeks from the date of receipt of the writ of this court by the industrial court, nagpur, and that the trial of this case be taken up immediately thereafter and concluded with urgency and haste so that there is no violation of the time limit imposed by this court in its order dated 2.4.2001.12. ..... all the aforesaid decisions proceed on the presumption that a labour court / industrial court has a power to frame issues ..... quoted paras of the aforesaid judgments, can be said to lay down the following proposition :(a) it is better that tribunals, particularly those entrusted with a task of adjudicating labour disputes where delay may lead to misery and jeopardises industrial peace, should decide all issues in dispute at the same time without trying some of them as preliminary issues. ..... 226 of the constitution should not stop proceedings before a tribunal so that a preliminary issue may be decided by them ..... 226 of the constitution stop proceedings before a tribunal so that a preliminary issue may be decided by them .....

Co-operative Bank Employees' Union and Ors. Vs. State of Maharashtra a ...

Court : Mumbai

Reported in : [2004(101)FLR88]; (2004)IILLJ519Bom

..... whether an employee as defined under section 3(13) of the bombay industrial relations act, 1946 (for short bir act) alone would be eligible to be selected and nominated as employee-director under the provisions of section 73-bb of the maharashtra co-operative societies act, 1960 (for short 'the act') is the short question which falls for determination in this petition under articles ..... section 73-bb of the act reads as follows:'73-bb: reservation of seats for employees on committees ..... 'section 73-bb in terms provides that there shall be reservation of seats for employees on committees where the number of permanent ..... provisions of sub-section (2) the term of a member representing the employees shall be co-terminus with the term of the committee as provided under bye-laws of the society and after every fresh election of the members of the committee a fresh selection or election, as the case may be, of a member under sub-section (1) shall ..... any person selected or elected as a member of the committee to any reserved seat shall not be entitled to be elected as an officer of such society or to ..... (1) on the committee of such society or class of societies as the state government may by general or special order, direct where the number of permanent salaried employees of the society is 25 or more-(a) if the number of members of the committee thereof is 11 or less - one seat; and(b) if the number of such members is 12 or more one additional seat for every 10 members over and above the first 11 .....

Rajya Parivhan Yantrik Kamgar Sanghatana Through Its Regional Secretar ...

Court : Mumbai

Reported in : 2010(1)MhLj948

..... the question for consideration in this appeal is : does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (m.r.t.u. ..... (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.10. ..... there is a recognised union for any undertaking,:(a) that union alone shall have the right to appoint its nominees to represent workmen on the works committee constituted under section 3 of the central act;(b) no employee shall be allowed to appear or act or be allowed to be represented in any proceedings under the central act (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee is under consideration), except through the recognised union; and the decision arrived .....

Sarva Shramik Sangh Vs. Indian Smelting and Refining Co. Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2004SC269; [2004(101)FLR635]; JT2003(8)SC243; (2003)IIILLJ1156SC; (2004)1MLJ87(SC); (2003)10SCC455; 2004(86)SLJ64(SC); 2004(1)LC483(SC)

..... a bare reading of the said provision makes it clear that no proceeding under the bombay industrial relations act, 1946 or the id act shall be entertained when proceedings in respect of any matter failing within the purview of the maharashtra act is already instituted. ..... and employees from engaging in any unfair labour practice and the existence of an undisputed or indisputable relationship of employer-employee is an essential pre-requisite for the labour or industrial court under the maharashtra act to entertain any proceedings in respect of any grievance under the said act, section 32 of the maharashtra act, it is urged is to be considered in the context of sections 26 and 27 read with the relevant-entries in the schedules, in these cases, particularly items 5, 6, 9 & 10 and in the absence of accepted or existing relationship of employer-employee duly declared ..... the report of the committee on unfair labour practices which preceded the maharashtra act, while noticing the fact that the expression 'unfair labour practices' was being used in all fields and areas connected with industrial relations in a wider sense and loosely worded manner and not always to mean certain activities connected with collective bargaining, sought to enumerate the types of such practices as were illustrated during course of enquiries by the employees and .....

Pralhad Vithalrao Pawar Vs. Managing Director and Another

Court : Mumbai

Reported in : 1998(4)ALLMR636; 1999(1)BomCR840; 1998(3)MhLj214

..... (b) whether the termination of service of an employee who is not covered under the provisions of the industrial disputes act, 1947 or the bombay industrial relations act, 1946, amounts to a dispute touching the management or business of a society, within the meaning of section 91(1) of the maharashtra cooperative societies act and(c) whether the petitioners are entitled to claim the relief of reinstatement in service with back wages and continuity, in an appropriate legal proceeding.2. ..... proviso reads as under :'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-c or a society specified by or under section 73-g, or refusal of admission to the membership by a society to any person qualified therefor [or any proceeding for the recovery of the amount as arrear of land revenue on a certificate granted by the registrars 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 subordinate ..... 210, plaintiff-employee was compulsorily retired on 1st august, 1966 and he challenged the said order being illegal, unjust and claimed for monetary benefits by filing special civil suit before the joint civil judge, sr. .....