Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 57 power of chief conciliator to intervene Page 1 of about 21 results (0.316 seconds)

Labour Law Practitioner's Association and Anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : [1979(39)FLR89]

..... are constituted under the industrial disputes act, 1947 and the bombay industrial relations act, 1946 and that under the industrial disputes act, labour courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second schedule of the act and for performing such work as may be assigned to them under the act. ..... the expression 'district judge' is not restricted only to the civil courts but also covers the criminal courts as the chief presidency magistrate, the additional chief presidency magistrate and sessions judge were also brought within the expression of 'district judge'. mr. ..... has been defined by clause (a) of article 236 of the constitution of india as follows :'the expression 'district judge' includes judge of a city civil courts, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge. ..... are appointed as labour courts, they will not be conferred with powers under the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... the chief presidency magistrate, the additional chief presidency magistrate and the sessions judge are also included in the definition of the district judge is indicative of the fact that a very wide interpretation should be given while interpreting the expression 'district judge .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : ..... it is not inconsistent with the provisions of this act, be made, instituted, continued and availed of as if the said act had no been repealed and continues in operation : (b) any proceedings pending before the state industrial court, a district industrial court, the labour commissioner, the registrar or the wage board, conciliation proceedings, or any proceedings relating to the trial of offences punishable under the provisions of the act so repealed shall be continued and completed as if the said act has not been repealed said continued ..... 436 of the supreme court's judgment or of the original judgment in the calcutta report, does not support the contention of sri mor that the central act of 1947 had a retrospective operation on the contrary, the quotation given in the supreme court decision itself mentions the view of the learned chief justice harries that the central act of 1947 applied to the dispute 'without any question arising of giving the act any retrospective effect. ..... giving slightly wider powers to a forum under the bombay act than what the tribunal under the central provinces act had, would only make some variation, but that is not a matter in inconsistency or ..... i and ii to, the old act, as also the power given to the labour commissioner by ..... , observes, that the power to take advantage of an enactment may without impropriety be termed a .....

Pune District Central Co-operative Bank Ltd. Vs. Bank Karmachari Sangh ...

Court : Mumbai

Reported in : 2000(4)BomCR811

..... it is needless to mention that the petitioner bank is governed by the provisions of the bombay industrial relations act, 1946 and is also governed by the provisions of the maharashtra co-operative societies act, 1960.1 need not dwell on the point that both the statutes operate in separate fields and both have different object to be achieved. ..... (2) any employee desiring a change in respect of an industrial matter not specified in schedule i or iii give a notice in the prescribed form to the employer through the representative of employees, who shall, forward a copy of the notice to the chief conciliator, the conciliator for the industry concerned for the local area, the registrar, the labour officer and such other person as may be prescribed. ..... the crucial and interesting issue to be decided by me is whether by framing separate and independent service rules de hors the certified standing orders or in addition to the certified standing orders without following the mandatory provisions under section 42(1) of the bombay industrial relations act, 1946 amounts to unfair labour practice as contemplated under item 9 of the act.2. ..... the deputy registrar of co-operatives societies under the maharashtra co-operative societies act, 1960 (hereinafter referred to as ddr) appears to have issued directions to the petitioner bank to frame service regulations for the bank employees in exercise of his powers vested in him under rule 8(a) of the maharashtra co-operative societies rules, 1961. .....

The Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

..... by the notification dated 02.11.1973, the government of maharashtra exercised its powers under section 2(4) of the bombay industrial relations act, 1946 and made the said act applicable to the nanded district from 15.11.1973 thereby covering the business of banking ..... has held in various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, 1968. 34. ..... (n) the bombay industrial relations act, 1946 (presently known as 'the maharashtra industrial relations act') was made applicable to the petitioner-bank with effect from 15.11.1973 vide ..... did not consider the definition of employee under section 3(13) of the bombay industrial relations act, 1946, the definition of employee under the bombay industrial relations act and the definition of workman under the industrial disputes act are almost identical. 26. ..... duties of these respondents and three out of four were posted in the category no.7 and one was posted in category no.8, by virtue of which they would fall within the definition of an employee under 3(13) of the bombay industrial relations act, 1946 and workman under section 2(s) of the industrial disputes act, 1947. .....

Navnath Siddhappa Koli Vs. Siddheshwar Sahakari Sakhar Karkhana Limite ...

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... kulkarni relating to the jurisdiction of the industrial court under section 44 of the pulp act, it would be better to dispose of another point which he has ..... the revisional jurisdiction of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record of ..... section 44 of the pulp act before the industrial court at bombay ..... section 22 of the bihar act, the supreme court said, was not limited as that of the industrial court or labour court under section 334 of the industrial disputes act ..... industrial court, maharashtra ..... was placed before it by both the parties and if in exercise of that jurisdiction the labour court came to a finding, then that finding was not as enable to any interference at the hands of the industrial court under section 44 of the pulp act. ..... kulkarni, the learned advocate appearing in support of the petition, that the president of the industrial court has exceeded the jurisdiction vested in him by interfering with what was essentially a finding of fact ..... labour court at solapur under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, hereinafter referred to for brevity's sake as the 'pulp act' . .....

Arvind Ramdas Valke Vs. Ispat Industries Ltd. and ors.

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... said section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... : (1979)iillj194sc to state that this was the only objection taken in the written statement and there was no ground that he does not satisfy the requirements of section 3(13) of the bombay industrial relations act, 1946. ..... in said paragraph 2, the employee has pleaded that the provisions of the bombay industrial relations act, 1946 as also provisions of industrial disputes act, 1947 are applicable to the industry. ..... as against this, shri kumar, advocate for employer, contended that the contention of the employer before the industrial court was that the employee was not a workman under section 2(s) of the industrial disputes act as also under section 3(5) of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 i.e. m.r.t.u. & p.u.l.p. ..... the employee has invited attention to his examination-in-chief (on affidavit) wherein he stated that while initiating disciplinary action against his counterparts i.e. ..... however, i say that for initiating disciplinary action against employees of my grade the respondents were exercising the power conferred under model standing orders. ..... employees in his grade, the powers conferred under the model standing orders were being resorted to by the employer. .....

Sahakari Bank Karmachari Sangh Vs. the District Deputy Registrar, Co ...

Court : Mumbai

Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118

..... the seats so reserved shall be filled by selection made by the union or unions recognized under the bombay industrial relations act, 1946 (bom.xi of 1947) or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mah. ..... section 3(1) thereof states that the bombay act means the bombay industrial relations act, 1946. ..... section (7) states that industry in relation to an industry to which the bombay act applied means an industry as defined in clause 19 of section 3 of the bombay act. ..... once it is accepted that representative union under the bombay act is the sole bargaining agent for the entire industry and that mushrooming of unions is to be avoided for industrial harmony and peace and in the national interest and that the bombay act and the mrtu and pulp act have to be read together as they complement each other, then the words 'union recognized under the bombay act' found in section 73bb will have to be understood as union registered as representative union under the bombay act. ..... under section 3(6), 'employer' in relation to an industry to which the bombay act applied means an employer defined in section 3(14) of the bombay act. ..... section 73 thereof states that management of every society shall vest in a committee, constituted in accordance with the mcs act, the rules and the byelaws and the committee shall exercise such powers and perform such duties as may be conferred or imposed respectively by mcs act, the rules and the byelaws. 28. .....

Ashrafinath R. Yadav and ors. Vs. National Textile Corporation and ors ...

Court : Mumbai

Reported in : 2002(3)BomCR352; (2002)1BOMLR115; [2002(92)FLR1109]; 2002(1)MhLj487

..... respondents did not accede to the demand made by the petitioners to make them permanent, the petitioners filed an application under the provisions of bombay industrial relations act, 1946, complaining that the respondents had committed an illegal change claiming permanency. ..... that on 14th february 1995, the respondents, gave notice of change under the provisions of bombay industrial relations act for introduction of voluntary retirement scheme in some departments. ..... were superannuated and the posts have not been abolished, by following the procedure under bombay industrial relations act. ..... urges that inany event the bar under section 59 will operate and the complaint is liable to be dismissed, in view of the fact that the petitioners had actually approached the labour court under the bombay industrial relations act.7. ..... an interim order was passed whereby the industrial court directing the respondents to provide regular work to the petitioners pending hearing and final disposal of ..... in the result, i find that the industrial court has totally misdirected itself by coming to the conclusion that the petitioners were not entitled to ..... petition challenges the order of the industrial court dismissing a complaint filed by the petitioners under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... relies upon judgments of this court reported in national textile corporation south maharashtra ltd. v. ..... maharashtra state co-operative .....

Ambika Silk Mills Co. Ltd. and Another Vs. Maharashtra General Kamgar ...

Court : Mumbai

Reported in : 1998(2)ALLMR609; 1998(2)BomCR148; [1998(79)FLR1]; (1999)IIILLJ1095Bom; 1998(1)MhLj568

..... relevant here to mention that the maharashtra general kamgar union, though is neither representative nor approved union under the bombay industrial relations act, 1946, filed a complaint of unfair labour practice under section 28 read with item 9 of schedule iv of the mrtu & pulp act against the employer company in the industrial court on 10-12-1986. ..... the division bench of this court was challenged by the union before the apex court, the principal question canvassed before the apex court was whether a representative union under the bombay industrial relations act, 1946 has the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the mrtu & pulp act other than those specified in items 2 and 6 of schedule iv. ..... circumstances resulting in collapse which was unanticipated and beyond the control of the management, the plant has stopped functioning completely and, therefore, appropriate order be passed by the state government in exercise of their powers under section 25-o(7) and direct that the provisions of section 25-o(1) shall not apply in relation to the closure of the factory establishment of the employer company with effect from 3-9-1986 for a period of three years. ..... 5) that the warning had been administered by the chief inspector of factories, maharashtra state and the bombay municipal corporation that no manufacturing process should be carried on in the premises unless the construction is carried on as per .....

State of Maharashtra Vs. Labour Law Practitioners's Association

Court : Mumbai

Reported in : 1988(2)BomCR16; (1987)89BOMLR120; [1987(54)FLR732]; 1987MhLJ191

..... 1947, the bombay industrial relations act, 1946 and the maharashtra recognition of trade union and prevention of unfair labour practices act 1971.2. ..... 'in this chapter---(a ) the expression 'district judge' includes judge of a city civil court additional district judge, joint district judge, assistant district judge, chief judge of small causes court, chief presidency magistrate, additional chief presidency magistrate sessions judge, additional sessions judge and assistant sessions judge;'(b) the expression 'judicial service' means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial ..... at this stage we may note only that the tribunal in question in the harinagar sugar mill's case was the central government under section 111(3) of the companies act, exercising appellate powers, in regard to the refusal to transfer shares. ..... it expressly includes a judge of a city civil court, an additional district judge, a joint district judge, an assistant district judge, the chief judge of a small causes court, the chief presidency magistrate, a sessions judge, an additional sessions judge and an assistant sessions judge. ..... that the chief presidency magistrate and the sessions judge were included in the definition of the district judge indicated that a very wide interpretation had to be given to the expression.14. mr. .....