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. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the powers of the industrial court u/s 44 were held to be akin to its jurisdiction u/s 85 of the bombay industrial relations act (now maharashtra industrial relations act). ..... 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 the case is before it. ..... 1354, the extent of the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... the state of maharashtra (supra), a petition under section 482 of the code of criminal procedure 1873 was filed by the employer upon an order passed by the labour court in pursuance of a complaint under section 48 of the mrtu and pulp act, 1971, in which the workman had alleged that the employer had failed to abide by an order passed by the industrial court. ..... no doubt the magistrate can discharge the accused at any stage of the trial if he considers the charge to be groundless, but that does not mean that the accused cannot approach the high court under section 482 of the code or article 227 of the constitution to have the proceeding quashed against him when the complaint does not make out any case against him and still he must undergo the agony of a .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he submits that the bombay industrial relations act, 1946, has been extended to sugar industry on 4-10-1952 and the petitioners have got necessary certificate of registration as trade unions to represent ..... , annexed to the petition at exhibit "l" be declared ultra virus of the constitution of india and it be accordingly struck down; (f) pending hearing and final disposal of this petition, the execution, implementation, operation of the act no.1 of 2012 namely maharashtra agricultural lands (ceiling on holdings) act, 2011, as published in government gazette dated 2nd of february 2012 annexed to the present petition at exhibit "l" be stayed; (g) ad interim relief in terms of prayer clause (f) may kindly be granted; (h) any other just and ..... 2006 published in maharashtra government gazette on 17-4-2006 (exhibit "a") is unenforceable and cannot be acted upon since it is not a law nor it is having force of law and the same is liable to be quashed and set aside; (e) pending hearing and final disposal of this petition, the respondents be restrained by way of injunction not to proceed further with the applications if received for grant of land under section 281-aa from the ex-lessors, in pursuance of the maharashtra act no. ..... articles 200 and 201 show the powers of hon'ble governor and looking to the nature of amendment, it was not necessary to obtain the assent of hon' ..... he submits that article 213 of the constitution which deals with ordinance making power has got no bearing in this matter. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 1996 before the industrial court through the representative union under the bombay industrial relations act (respondent no. ..... cost of repetition, it may be pointed out that the regulations governing the procedure and practice of the industrial courts are framed in exercise of the delegated statutory powers vested in the industrial court under section 33 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 and such regulations validly framed, have statutory force and are required to be mandatorily followed by the industrial courts as governing the practice and procedure before it. ..... learned counsel for the 1st respondent, points out that, on an earlier occasion, on a complaint made by a union by name, general labour union, for the same reliefs, before the industrial court, wherein identical ad-interim relief had been given and that the said complaint came to be dismissed following the law laid down by the supreme court in shramik utkarsha sabha v. ..... repeated complaints voiced in several matters arising under the provisions of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, that ex-parte orders with drastic and far reaching consequences were being made by industrial and labour courts, for the asking. ..... notwithstanding all these, the learned judge of the industrial court, bombay, appears to have hastily made an ex-parte dated 3rd february, 1996, for which there was apparently no basis whatsoever. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... bombay industrial relations act, and if successful therein to seek remedy under the said act ..... that mere denial of status of the complainant as that of employee by the opponent, cannot non-suit the employees and such denial would not oust the jurisdiction to the industrial court to ascertain the fact situation by framing issues and asking the parties to lead evidence in mat regard, and to decide the same, possibly by summary manner. ..... has, inter alia, held that while deciding the question of maintainability of the complaint under mrtu and pulp act, the industrial court is bound to frame an issue as a preliminary issue on that count and after framing the preliminary ..... of the learned single judge but with a rider that in cases where the employer-employee relationship was recognised at some stage and thereafter it was disputed, the industrial court has jurisdiction to decide this issue as an incidental issue under section 32 of the mrtu and pulp act. 17. ..... buildtech constructions, lokmat (supra), hindustan coca cola (supra) and maharashtra state power generation (supra) has laid down the law that a mere denial of employer-employee relationship in the written statement is not enough to oust the jurisdiction of the labour court or the industrial court. ..... in that decision the question was whether in view of section 10 of the contract labour (regulation and abolition) act, 1970 the employees of contractors stood automatically absorbed in ..... the notification under section 10 of the act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (1), may apply to such authority for a direction under sub-section (3): [and in case of death of the employed person, it ..... act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, [or a representative union registered as such under the bombay industrial relations act, 1946], or any inspector under this act, or any other person acting with the permission of the authority appointed under sub-section ..... one secured creditors or joint financing of a financial asset by secured creditors, no secured creditor shall be entitled to exercise any or all of the rights conferred on him under or pursuant to sub-section (4) unless exercise of such right is agreed upon by the secured creditors representing no less than three-fourth in value of the amount outstanding as on a record date and such action shall be binding ..... maharashtra ..... maharashtra ..... powers under the securitisation and reconstruction of financial assets and enforcement of security interest act 2002 (hereafter referred as to the "securitisation act .....
Tag this Judgment!Court : Mumbai Aurangabad
..... for the avoidance of doubt, it is hereby declared that the provision of sub section (1) with respect to the powers of development authorities relate only to their capacity as statutory corporation; and nothing in this section shall be construed as authorizing the disregard by a development authority of any enactment or ..... the effect of section 4 of bombay village panchayat act also cannot be taken away relating to a legal rights ..... however, no steps are taken as yet by the municipal corporation though as referred earlier, government of maharashtra has by virtue of direction in writ petition indicated on 17.4.2010 to incorporate survey nos.28 to 44 and 46 to 75 within limits of aurangabad municipal corporation, ..... not be constituted in such urban area or part thereof as the governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify ..... - subject to the provisions of this constitution, the legislature of a state may, by law, endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to- (a) the preparation of plans for economic development and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the bombay industrial relations act, and if successful therein to seek remedy under the said act thereafter. ..... as the respondents were not accepting the appellants' claim to treat them as their employees, the appellant filed a complaint under section 28(1) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter called the mrtu and pulp act) alleging that the respondents had engaged in unfair labour practices under item nos. ..... if under other provisions of the act the industrial tribunal or the labour court has no jurisdiction to deal with a particular aspect of the matter, section 32 does not give such power to it. ..... after coming into force of the act it is only the appropriate government, which can abolish the contact labour system after consulting the central board or the state board, as the case may be, and no other authority including the industrial tribunal has jurisdiction either to entertain such dispute or to direct abolition of the contract labour system and neither the appropriate government nor the industrial tribunal has the power to direct that the workmen of the ..... hind mazdoor sabha (1995(5) scc 27) the question raised was whether the workers whose services were engaged by the contractors but who were working in the thermal power station of the gujarat electricity board at ukai can legally claim to be the employees of the gujarat electricity board. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is prayed that subsection (4) to section 3 of the bombay provincial municipal corporations act, 1949 and proviso to subclause (d) of subsection (1) to section 6 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965, (hereinafter referred to as,?the municipal councils act? ..... talekar has urged that if requirement of previous consultation, previous publication have all been dispensed with, and not as a matter of exception, but as a general rule, then, all the more, the power and authority reserved in the governor has been taken over by the state government and hence, the constitutional challenge be upheld. 26. ..... we do not see how the state government was prevented from issuing a notification in the official gazettee in terms of section 3(2) specifying the urban area as a larger urban area and in relation to parbhani city. ..... thus, only to enable to publish a notification under section 3 in relation to an existing municipal council and when the urban area for which it is constituted, has a population in terms of the latest census figures exceeding 3 lakhs, that the said proviso has been added. 45. ..... as all this is envisaged in relation to an existing municipal council and for a municipal area, there cannot be any modification or change which is of substantial nature in the composition, boundaries, the extent of the existing municipal council unless the residents or the people are .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 2(15) of the maharashtra regional and town planning act, 1966 defines the term 'local authority' incorporating 'nagar panchayat' therein since 2000 on amendment, thus; "(15) "local authority" means (a) the bombay municipal corporation constituted under the bombay municipal corporation act, or the nagpur municipal corporation act, 1948, or any municipal corporation constituted under the bombay municipal corporation act, 1949, [(b) a council and a nagar panchayat constituted under the maharashtra municipal councils, nagar panchayats and industrial township act 1965,] (c) (i) a zilla parishad constituted ..... under the maharashtra zilla parishads and panchayat samitis act, 1961, [(ii) the authority constituted under the maharashtra housing and area development act, 1976], (iii) the nagpur improvement trust constituted under the nagpur improvement trust act, 1936 which is permitted by the state government for any area under its jurisdiction to exercise the powers of a planning authority under ..... power to extend provisions of this act relating to councils to a transitional area. .....
Tag this Judgment!