Court : Mumbai
Reported in : 2006(4)ALLMR372; 2006(4)BomCR21; [2006(111)FLR253]; 2006(5)MhLj277
..... the rival contentions give rise to the spinal issue as to whether in an industry covered by bombay industrial relation act, 1946 (bir act for short), the employees can resort to a strike in support of their charter of demand without complying with the provisions of the bir act and, whether compliance of the provisions of the mrtu & pulp act would absolve the employees from giving a notice under bir act. ..... 44b provides that if a settlement is arrived at within two months from the date of completion of any conciliation proceedings and, of course, this has reference to conciliation proceedings which followed as a matter of course upon notice of change being given such settlement is deemed to be an agreement for the purpose of section 44 and can similarly be registered and section 45 provides that a registered agreement which includes a registered settlement shall come into operation on the date specified therein or if no date is so specified on its ..... 15.1.1996 and 17.1.1996 respectively passed by the industrial court, solapur; one rejecting contention of the employer that the strike resorted to by the respondents-employees of the petitioner bank was illegal and by another order holding that the petitioner-employer bank has committed unfair labour practice under item 8 of schedule iv of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (mrtu & pulp act for short) by recruiting employees during the period .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR201; 2003(4)MhLj619
..... is theiremployer within the meaning of the said expression under section 3(14) of thebombay industrial relations act, 1946, hereinafter called as 'the bir act', andthereby has acted illegally in dismissing the complaint. ..... of the same, it is also to be noted that in the said case the apex court had takennote of the fact that prior to the institution of the proceedings which were thesubject-matter of the decision of the apex court, there were proceedings betweenthe parties thereto and therein the industrial court had held that the workmenwere entitled for continuity in service in the same canteen irrespective of thechange of the contractor, and the said decision was never ..... bombay industrial relations act, and ifsuccessful therein to seek remedy under the said act ..... ,therefore, the complaint under section 28 of the maharashtra recognition oftrade unions and prevention of unfair labour practices act, 1971, hereinaftercalled as 'the said act', was not maintainable.3. ..... a canteen for the use of the workers in terms of section 46 of the factoriesact, 1948 read with rule 79 of the maharashtra factories rules, 1963, it cannotbe said that the respondent no. ..... 1 has either been specified by the state government in terms of section 46 ofthe factories act, 1948 r/w rule 79 of the maharashtra factories rules, 1963,that there is any notification, either pleaded or placed on record in that regard,either before the industrial court along with the complaint or in this court alongwith the present .....
Tag this Judgment!Court : Mumbai
Reported in : [1989(59)FLR172]; (1990)ILLJ316Bom
..... as the question of law as to the interpretation of section 40a of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act') is involved in these writ petitions, they are heard together and are being disposed of by this common judgment.2. ..... the complaints were finally disposed of by a common judgment by the learned member of the industrial court on october 20, 1982 holding that there was amendment to the model standing order on october 16, 1981 by the government of maharashtra which was applicable to the workmen of the petitioner which was not implemented by the petitioner at the time of suspension of the two first respondents in both the petitions and, therefore, the petitioner committed unfair labour ..... gir-1477/2397 (iii) lab 9, l dated october 16, 1981, the labour department of the government of maharashtra amended and notified model standing orders under sub-section (5) of section 35 of the act introducing therein clause 24, sub-clause 5a, whereby provision was made for paying subsistence allowance to a suspended workman pending enquiry. ..... 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the mrtu & pulp act') against the petitioner. ..... 14 added to schedule i of the act by maharashtra act no. ..... 1862 of 1983 is concerned, the complaint of unfair labour practice was filed by the first respondent-union (maharashtra general kamgar union), being complaint (u.l.p.) no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)ALLMR424; 2000(4)BomCR226; (2000)2BOMLR639; [2000(86)FLR760]; (2000)IILLJ716Bom; 2000(4)MhLj246
..... once proceedings are initiated under the provisions of this act, then no proceedings can be initiated under the industrial disputes act, 1947 or bombay industrial relations act, ..... if there was no demand, then the definition of the lock out within the meaning of the bombay industrial relations act would not be satisfied and therefore there could not be said to be a lock out as contemplated in ..... under the bombay industrial relations act it must be established that there was an element of demand and element of ..... the above background, the submissions made on behalf of the petitioners can now be examined.it is firstly contended that while considering the issue of lock out what has to be examined is the definition under the bombay industrial relations act. ..... to do justice and to arrive at a correct conclusion whether the workers were examined on behalf of themselves or on behalf of the union, all that the industrial court has done is while disposing of the complaint by the recognised union, also considered the evidence brought on record by the workmen. ..... had occasion to differentiate the view taken by a division bench of this court in maharashtra general kamgar union v. ..... apart from that section 59 would be an ..... that be so and more so considering section 32 of the m.r.t.u. & p.u.l.p. ..... counsel contends that there was no reference to the provisions of section 24(2) of the m.r.t.u. & p.u.l.p. ..... if section 24(2) is considered as also the nature of the enquiry that can be gone into under the m.r.t.u. & .....
Tag this Judgment!Court : Mumbai
Reported in : (1995)IIILLJ263Bom
..... 2, kamgar utkarsha sabha, a recognised and an approved trade union under relevant provisions of the bombay industrial relations act, hereinafter referred to as 'the b.i.r. ..... .....21(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. ..... but simply because such power has been specifically conferred no inference can be drawn that in proceedings other than those relating to unfair labour practices specified in items 2 and 6 of schedule iv, the representative union cannot represent the employees. ..... 1 company is a unit in woollen textile industry in the local area of thane municipal corporation and is governed by the provisions of the bombay industrial relations act, 1946 that is, b.i.r. ..... simultaneously, they have also impugned the interim orders passed by the learned industrial court on 23rd january, 1991 in the said complaint proceedings, under provisions of sub-clause (2) of section 30 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as 'the act no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom56; (1968)70BOMLR298; ILR1969Bom455; (1968)IILLJ757Bom; 1968MhLJ377
..... . section 78(1)d has been introduced for the first time in the bombay industrial relations act, 1946, by section 31 of the maharashtra act , 1946, by section 31 of the maharashtra act no 22 of 1965 this maharashtra act 22 of 1965, which came into force in the whole of the state of maharashtra from 1st of may 1965 which came into force in the whole of the state of maharashtra from 1st of may 1965, which was in force in areas other than vidarbha in the maharashtra ..... settlement is arrived at in any conciliation proceeding in regard to any industrial dispute which has arisen in consequence if a notice relating to any change given under sub-section (1) or sub-section (2) no fresh notice with regard to the same change given under sub-section (1) or subsection (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 proceeding within the meaning of section ..... he was informed that an enquiry officer ordered proceeding his answers, and on considering those statement he held that the charges were proved and the third respondent was dismissed by the order of dismissal to be effective ..... these paragraphs is there any reference to an application being made any reference to an application being made and yet it is not conceivable that powers under either paragraph b or paragraph c could be exercised by the labour court without proceeding having been commenced before it by an application .....
Tag this Judgment!Court : Mumbai
Reported in : (1997)IILLJ1097Bom; 1996(1)MhLj505
..... out of these 165 workmen, around 142 workmen initiated proceedings under the bombay industrial relations act, 1946. ..... the retrenchment orders/notices were challenged under section 78 of the bombay industrial relations act. ..... 2 it was held that the workmen had not led positive and reliable evidence about the compliance of section 42(4) of the bombay industrial relations act. ..... these workmen challenged the action of the respondent in applications under sections 78 and 79 read with section 42(4) of the bombay industrial relations act, 1946. ..... ' these observations indicate that the industrial court opined that as the plea covered by section 25h of the act was raised, adjudicated nq upon and finally decided and, as the plea was finally decided, the decision in the earlier proceedings operates as resjudicata in the instant proceedings. 5. ..... the petitioner, maharashtra general kamgar union, has challenged the order of the industrial court dated november 4, iw2, passed in complaint (ulp) no. ..... 1659 of 1990 under items 5 and 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the mrtu & pulp act'). ..... the petitioner, maharashtra general kamgar union, which is espousing the cause of the workmen who had been unsuccessful before the labour court, industrial court, single judge of this court and division bench of this court, filed complaint (ulp) no. .....
Tag this Judgment!Court : Mumbai
Reported in : (2002)104BOMLR230
..... 160 of 1997 on 17.9.1998 in exercise of its appellate jurisdiction of the bombay industrial relations act, 1946.2. ..... the petitioner being aggrieved by the said order of the industrial court have filed the present petition under article 226 of the constitution of india.6. ..... it is aggrieved by the judgment and order of the industrial court, maharashtra at mumbai passed in appeal (ic) no. ..... the petitioners are a statutory authority constituted under the provisions of the mumbai municipal corporation act, 1888 and is engaged in public utility services of supplying electricity and transport facility to the citizens of mumbai through its bombay electric supply and transport undertaking. ..... act by approaching the labour court under section 79 read with sections 78 and 42(4) of the act questioning the legality and validity of the order of dismissal and praying for reinstatement with full back wages and continuity of service.4. ..... the industrial court agreed with the view of the labour court and dismissed the appeal.5. ..... petitioners carried this matter in appeal before the industrial court. ..... acting on a report dated 29.11.1995 submitted by the asstt. .....
Tag this Judgment!Court : Mumbai
Reported in : (1989)91BOMLR165; [1989(59)FLR530]; (1994)IIILLJ447Bom; 1989MhLJ445
..... the relevant provisions of sections 78 and 79 of the bombay industrial relations act, 1946 are as follows:section 78(1) labour court shall have power to ..... supreme court has interpreted sections 78(1)(a)(a)(i), 79 (1) and (3) and 42(4) of the bombay industrial relations act, 1946 together with rule 53 ..... , 1975 the present 2nd respondent-union representing the petitioner filed an application before the labour court under section 79(1) of the bombay industrial relations act, 1946 being bir application no. ..... dated 31.8.1966 in which the petitioner also referred to the standing orders applicable to the said bank, the petitioner approached the respondent-bank as provided under section 42, sub-section (4), of the bombay industrial relations act, 1946. ..... filed before the labour court for condonation of delay, the only ground which was set out by him in his application was that he had been wrongly advised to file an application under the maharashtra co-operative societies act instead of under the bombay industrial relations act, 1947. ..... advocate for the petitioner that the dispute should not be considered as falling under section 78(1)(a)(a)(i) because the 1st respondent-bank has disputed in the course of some of the proceedings that the petitioner was its employee under the standing orders. ..... petitioner was, therefore, permitted to withdraw the appeal and was granted permission to take appropriate proceedings before a competent court for reliefs which could not be granted by the co-operative court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC834; JT1993(5)SC459; 1994LabIC70; (1994)ILLJ668SC; 1993(3)SCALE894; 1994Supp(1)SCC1; [1993]Supp2SCR540
..... in this act, unless the context otherwise requires -xxxx xxxx xxxx(i) 'workman' means a workman as defined in the industrial disputes act, 1947 (xiv of 1947) or an employee as defined in the bombay industrial relations act, 1946 (bom. ..... some of the employees unions, who figure a respondents herein, filed a batch of writ petitions challenging the validity of a notification dated 9.10.92 issued by the industries, energy and labour department of the state government of maharashtra exercising the powers conferred by section 13 of the maharashtra workmen's minimum house-rent allowance act, 1983 ('act' for short). ..... with a view to provide for payment of minimum house-rent allowance to workmen employed in industries in maharashtra and to provide for matters connected therewith, the act was enacted in the year 1983 which received the assent of the president on 5.10.88, and was published in the official gazette on 17.10.88. ..... that was case arising under the maharashtra private security guards (regulation of employment and welfare) act, 1981 and section 23 empowers the government to grant exemption from the operation of the provisions of the act or any scheme thereunder in regard to all or any class of security guards employed in any factory. ..... bra 3191/992/lab/-a - in exercise of the powers conferred by sub-section (1) of section 13 of the maharashtra workmen's minimum house-rent allowance act, 1983 (mah. .....
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