Court : Mumbai
Reported in : 1998(2)ALLMR486; 1998(3)BomCR128; (1998)1BOMLR597; [1998(79)FLR202]; 1998(1)MhLj915
..... he shall be given an opportunity to answer the charge and permitted to be defended by his representative under section 30 of the bombay industrial relations act, 1946. ..... 2) where 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 aproceeding 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 recognised union and the decision arrived ..... rules have been made where by model standing orders for various categories of workmen have been framed in the state of maharashtra and which are known as the bombay industrial employment (standing orders) rules, 1959. ..... rules if the president, vice president, the general secretary, the secretary, the joint secretary, the assistant secretary and the treasurer are legal practitioner obviously, the bar would not apply to them. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR74
..... against the order of the first labour court holding that a complaint by an employee under section 28 (1) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the unfair labour practices act'), is not maintainable, without his complying with the provisions of section 42(4) of the bombay industrial relations act, 1946 (hereinafter referred to as 'the bombay act').2. ..... , by notification in the official gazette, specify in this behalf.under clause (s) of section 2 of the central act 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenchment in connection ..... with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person---(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)BomCR692; [2006(108)FLR665]
..... on this material, the industrial court could not have possibly come to the conclusion that the respondent was an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 and an employee within the meaning of section 3(5) of the maharashtra recognition of trade unions and prevention of trade unions act, 1971. ..... at this stage it would suffice to state that the industrial court relied upon several judgments in which it has been held that the purpose and object of disciplinary proceedings is distinct from the object of a criminal trial. ..... during the pendency of the proceedings before the the industrial court, the undertaking had addressed a communication to the respondent on 5th january, ..... best undertaking which has filed these proceedings under article 226 has challenged the order of the industrial court on several grounds. ..... industrial court was moved in an interim application for staying the disciplinary proceedings pending the outcome of the criminal proceeding. ..... standard of proof and the rules of evidence which govern criminal proceedings are distinct from those which govern disciplinary enquiries. ..... since the application for interim relief came to be rejected, the disciplinary proceedings were continued and have eventually resulted in an order of dismissal. ..... first relief was a stay of the disciplinary proceedings during the pendency of the criminal case. ..... the disciplinary enquiry thereafter proceeded and resulted in an order of dismissal on 18th june, .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR605; 2009(6)MhLj268
..... referring to provisions of clause 18 of section 3 of the bombay industrial relations act, she submitted that this was an industrial matter pertaining to change and therefore, in view of the provisions of the bombay industrial relations act notice of change was required to be given. ..... next she submitted that the question had already been raised by the reference before the industrial court and by award dated 20th april, 1987, the court held that the reference was not competent under the industrial disputes act, since provisions of bombay industrial relations act applied to the industry carried on by the handloom corporation. ..... the government of maharashtra had issued a notification under section 5 of the minimum wages act fixing wages for workmen employed in handloom industry. ..... by the state handloom corporation takes exception to the order passed by learned member, industrial court, nagpur allowing respondents workmens' complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act ('mrtu & pulp act' for short), holding the petitioner guilty of engaging in unfair labour practice within the meaning of items 5 and 9 in schedule iv to the mrtu & pulp act, and directing the petitioner to bring the respondents on the timescale prescribed for the ..... the learned counsel for the petitioner also drew my attention to judgment in maharashtra srtc v. ..... maharashtra general kamgar union reported at (2001) 3 scc 101. in a.p. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj173
..... the second limb of his argument is, in the written statement filed before the industrial court in that matter, application of provisions of the bombay industrial relations act to the petitioner industry and availability of elected representatives therein was specifically pleaded and was also established while cross examining the ..... (supra), shows that there the interim relief protecting the services of the employees was granted by the industrial court and this court has found that under item 1 of schedule iv, that jurisdiction was exclusively vested with the labour ..... (supra), the proceedings before the industrial court were for grant of regularization and permanency with consequential benefits with alternative prayer of a direction to reinstate the complainants in their former post and for payment of back ..... thus, the apprehension of termination was expressed in the proceedings before industrial court and in that background, the findings have been ..... 1367/1997 before industrial court, nagpur, for declaration of unfair labour practice under item 9, schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, (hereinafter referred to as act 1 of 1972) and sought direction that the petitioner should be directed to provide work to its members with wages ..... counsel shri khan further states that the provisions of section 21(2) of the act no. ..... he states that section 28 thereof permits the individuals or their union to maintain such complaint .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR708; 2006(5)BomCR616; (2006)IIILLJ628Bom
..... case the supreme court was dealing with the question of correct interpretation of section 3(25) of the bombay industrial relations act, 1946 (for short 'the bir act'). ..... section 12 lays down the manner in which the industrial court will proceed to enquire into the application and grant ..... (i) the membership subscription of the union should not be less than fifty paise per month; (ii) the executive committee of the union must meet at intervals of not more than three months; (iii) all resolutions passed by the executive committee or the general body of the union have to be recorded in a minute book kept for the purpose; and (iv) the union's accounts have to be audited at least once in each financial year by an auditor appointed by the ..... that the respondent-union sought to object to the petitioners' right to file objections and participate in the proceedings under section 11 of the act and in view thereof on 7.4.1994, the petitioner-union filed formal application for being impleaded in the proceedings. ..... we are of the considered opinion that the judgment of the apex court in maharashtra grini kamgar union's case (supra) squarely applies to the facts of the present case ..... it was also pointed out that the industrial court recorded a finding that the petitioner-union had a majority membership when the application for recognition was decided but proceeded to grant recognition to the respondent-union which is contrary to the object of granting recognition and the basic tenets of a democratic .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR91
..... act by an employee as defined under section 3(13) of bombay industrial relations act is maintainable although no direct relationship as employer-employee exists between him and principal employer if he is employed by contractor who undertakes whole or any part of the work which is ordinarily the work of undertaking of such principal employer. ..... learned judge quoting the observations of full bench observes as follows:perusal of the said judgment reveals that reference to full bench was necessitated in view of definition of 'employee' in section 3(13) of bombay industrial relations act. ..... view that the stand taken in the reply affidavit or the written statement regarding the relationship between the parties is mala fide, then obviously, such a stand will have to be discarded and the court can proceed to decide the complaint on merits, on the assumption that the relationship between the parties of employer and employee, does not exist or is indisputable. ..... in a decision reported in : 2006(5)bomcr349 (maharashtra industrial development corporation, chandrapur v. ..... the facts giving rise to the petition are as follows:the petitioners filed a complaint under section 28 of the maharashtra recognition of trade union & prevention of unfair labour practices act read with item no. ..... maharashtra general kamgar union and ors. ..... maharashtra general kamgar union and ors. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj596
..... petitioner was covered under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as the said act of 1946) and, therefore, in view of the provisions of the said act of 1946 the petitioner was employer and the respondent no ..... the apex court in the case of cipla held that once the employer disputes the relationship, the labour court exercising jurisdiction under section 30 of the said act of 1971 has no power to decide the complaint unless the relationship of employer and employee is got established in regular proceedings under the said act of 1946 or the said act of 1947. ..... its earlier judgment in the case of maharashtra sugar mills in which the question that fell for consideration was whether the contract labour was covered by the definition of the employee under the said act of 1946. ..... 'therefore, it is clear that even after considering the definition of employer and employee in the said act of 1946 and after considering its own judgment in the case of maharashtra sugar mills, the apex court came to the conclusion that it cannot be said that when the contractor engages a contract labour in connection with the work of principle employer, the ..... of the construction of the said dam, the irrigation department of the state has handed over the scheme to the environmental engineering division of the state of maharashtra for the purpose of making necessary arrangements for supply of water through the said dam for commercial as well as non-commercial purpose. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR666; [2001(91)FLR127]; (2002)IVLLJ975Bom
..... the respondent-bank had, therefore, raised a preliminary issue contending that the petitioner was not an employee as per the definition of sub-section 13 of section 3 of the bombay industrial relations act, 1946 and on that count the labour court did not have jurisdiction to entertain the application.2. ..... the cross examination of the petitioner clearly indicates the nature of his duties and responsibilities and that supports the contention of the bank that he was not an employee as defined under sub-section (13) of section 3 of the bombay industrial relations act, 1946.9. ..... the learned counsel for the petitioner has argued that the question as to whether the present case is governed by the provisions of sub-section (13) of section 3 of the bombay industrial relations act or not is to be considered not from the designation of the post which he is holding but from the nature of the work he is discharging from that post ..... according to the petitioner, the respondent-bank is governed by the provisions of the bombay industrial relations act, 1946. ..... short question that arises in this petition is as to whether the petitioner was an employee as defined in sub-section (13) of section 3 of the bombay industrial relations act at the time of his dismissal from the service. ..... the cross examination further indicates that he had to entertain correspondence with co-operative department of the state of maharashtra, agricultural department of the state of maharashtra, reserve bank of india and apex bank. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR878; 2007(6)BomCR265; (2007)109BOMLR2229; (2008)ILLJ351Bom; 2008(2)MhLj434
..... court had partly allowed the application filed by the respondent workman under section 78 of the bombay industrial relations act. ..... cooperative bank, the provisions of the bombay industrial relations act (for short, hereinafter referred to as `bir act') are applicable to it.3. ..... the appeal under section 84 of the bir act is maintainable, both on questions of fact and law and therefore industrial court could accept the evidence which appealed to it in preference to the view taken by the ..... however, the industrial court while exercising appellate powers under section 84 of the bir act can always review the entire evidence on record, reassess the same and draw its own conclusions in such ..... the powers of the industrial court under section 84 while reappreciating the evidence led before the labour court are not circumscribed only to exercising the power of ..... the present case, i have already held that the order of the industrial court does not suffer from these infirmities warranting interference under this court's writ ..... 2006 3 clr 512 to submit that while exercising the powers of judicial review, the labour court and the industrial court must be slow to interfere with the punishment imposed by the management. ..... learned counsel submits that there is no perversity in the findings of the industrial court that there was no cogent evidence on record to hold that respondent ..... is a registered bank under the banking regulations act and also under the provisions of the maharashtra cooperative societies act. .....
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