Court : Supreme Court of India
Reported in : 1998IIAD(SC)20; AIR1998SC1233; [1999(82)FLR380]; (1998)2GLR1079; JT1998(1)SC604; (1998)ILLJ868SC; 1998(1)SCALE565; (1998)2SCC688; [1998]1SCR793
..... bombay industrial relations act, as it originally stood, section 9 provided that no person shall be eligible to be appointed as a judge of the labour court unless he possessed the qualifications, other than the qualification of age, laid down under article 234 of the constitution for being eligible to enter the judicial service in the state of maharashtra ..... 1951) sc 1669, the central government exercising appellate powers under section 111 of the companies act was held to be acting as a judicial body and not as an administrative ..... the expression 'district judge' as including judge of a city civil court, 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. ..... having provided for appointments to that service and having entrusted the control of the said service to the care of the high court, the makers of the constitution would not have conferred a blanket power on the governor to appoint any person from any service as a district judge.14. ..... the court dwelt on the fact that the powers vested in it are similar to those exercised by civil courts under the code of civil procedure when ..... therefore, bearing in mind the principle of separation of powers and independence of the judiciary, judicial service contemplates a service exclusively of judicial posts in which there will be a hierarchy headed by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(4)AWC3567(SC); 2008(56)BLJR2023; [2008(118)FLR322]; JT2008(8)SC559; 2008(3)KLT33(SC); (2008)IIILLJ853SC; 2008(9)SCALE557; 2009(1)SLJ187(SC); 2008AIRSCW4279; 2008LABIC2621; 2008-III-LLJ-853; 2008(4)Supreme609
..... this court while dealing with and interpreting the provisions of articles 233, 234, 235, 236(a) and (b) and section 3(17) of general clauses act, bombay industrial relations act, 1946 and maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, held: (para 5 scc p. ..... labour law practitioners' association : (1998)illj868sc , the question before the high court was whether notification dated 8.3.1979 issued by the state of maharashtra under the id act, 1947 and the bombay industrial relations act and the amended section 7 of the id act, 1947 insofar as these provisions authorised the appointment of assistant commissioners of labour working as judges of the labour court were void and illegal and contrary to article 234 of the constitution. ..... it said that having provided for appointments to that service and having entrusted the control of the said service to the care of the high court, the makers of the constitution would not have conferred a blanket power on the governor to appoint any person from any service as a district judge.'13. ..... the fact that the chief presidency magistrate and the sessions judge were also included in the definition of 'district' judge indicates that a wide interpretation is to be given to the expression 'district judge'. .....
Tag this Judgment!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 ..... if under other provisions of the act the industrial 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. ..... singhvi, the learned senior advocate appearing for the: respondent, submitted that under section 32 of the act the labour court has the power to 'decide all matters arising out of any application or complaint referred to it for decision under any of the provisions of the act. .....
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. ..... xi of 1947) as the case may require.xxxx xxxx xxxxsection 2(i) gives the same meaning to the expression workman as defined in the industrial disputes act or an employee as defined in the bombay industrial relations act. ..... 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. ..... 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). ..... 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. ..... 3-4-5-6 for being impleaded as interveners.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC311; [1985(50)FLR186]; (1985)ILLJ314SC; 1984(2)SCALE1000; 1984Supp(1)SCC663; [1985]2SCR492
..... there is in force in the state of maharashtra a comprehensive legislation bombay industrial relations act, 1946 touching almost all aspects of industrial relations but it applies only to specified industries. ..... care has been taken to deny such steam-rolling power to the representative union and this position is further strengthened by the provisions contained in section 22 of the 1971 act which confers certain rights on unrecognised unions more especially right to meet and discuss with the employer the grievances of an individual member relating to his discharge, removal, retrenchment, termination of service or suspension as also to appear on behalf of its members employed in the undertaking in any domestic or departmental enquiry held by the ..... gajendragadkar, former chief justice of india, after unanimously and whole-heartedly expressing itself in favour of the concept of recognised union and it being clothed with powers of sole bargaining agent with exclusive right to represent workmen, addressed itself only to the question of the method of ascertaining which amongst various rival unions must be accorded the status of a recognised union. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)
..... the argument that giving the plain meaning would deprive the workers of the protection under bombay industrial relations act, 1946 of raising industrial disputes before the labour court and the industrial court, was also termed as incorrect argument, as firstly, there was no vested right for selecting the forum and secondly, the legislature had the competence to enact special laws for a class or section of workmen for improving their conditions of service and such special law would always ..... reasonable cause to believe, is an unprotected worker employed therein or an unprotected worker to whom work is given out therein;(c) require any person giving any work to an unprotected worker or to a group of unprotected workers to give any information, which is in his power to give, in respect of the names and addresses of the persons to whom the work is given, and in respect of payments made, or to be made, for the said work;(d) seize or take copies of such registers, records of wages or notices or portions ..... xcix of 1968 for regulating the employment of unprotected manual workers employed in certain employments in the state of maharashtra to make provision for their adequate supply and proper and full utilization in such employments and for matters connected therewith. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC285; [1995(71)FLR1040]; JT1995(6)SC625; 1995LabIC2714; (1996)ILLJ899SC; 1995(5)SCALE400; (1995)6SCC326; [1995]Supp3SCR702
..... one act was the bombay industrial relations act, 1946 ('b.i.r. ..... when we keep in view the fact that as per section 7 of the maharashtra act, all the complaints pertaining to item 1 of schedule iv can be filed only before the labour court and no other compliant regarding unfair labour practice can be filed before the labour court, and once the labour court is given the powers in appropriate course of passing interim relief of restraining orders as per section 30(2) it would clearly indicate the legislative intention that complaints regarding the proposed dismissal ..... senior counsel, appearing for the appellant- company and the learned counsel for the interveners contended that the division bench of the high court was in error in taking the view that the complaints filed by the respondent-workmen were maintainable even prior to the passing of the dismissal or discharge orders, as the case may be, and that the labour court had no jurisdiction under the maharashtra act to proceed with such premature complaints. ..... following the aforesaid rule of construction, therefore, we must hold that the interpretation of item 1 of schedule iv of the maharashtra act as canvassed by the learned counsel for the appellant and the interveners would frustrate the very scope and ambit of the maharashtra act, in effectuating the prevention of the alleged unfair labour practice. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC413; 1999(1)ALLMR(SC)645; [1999(81)FLR932]; JT1998(8)SC552; (1999)ILLJ416SC; 1998(6)SCALE519; (1999)2SCC143; [1998]Supp3SCR488
..... is profitable to note that the phrase 'covered by the settlement' as found in the said clause of section 24 is not defined by the act nor it is defined by the bombay industrial relations act, 1946 or by the central act, namely, the industrial disputes act, 1947 ..... 'bombay act is defined as bombay industrial relations act by section 3 sub-section (1) and i the central act means industrial disputes act, 1947 as defined by section 3, sub- ..... section 3 sub-section (18) lays down as under:'words and expressions used in this act and not defined therein, but defined in the bombay act, shall, in relation to an industry to which the provisions of the bombay act apply, have the meanings assigned to them by the bombay act; and in any other case, shall have the meanings assigned to them by the central ..... 19to,(here mention name of the employer and full address of the undertaking)dear sir(s)/madam,in accordance with the provisions contained in sub-section (1) of section 24 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, i/we (here insert name of the person(s)) hereby give you notice that i/we propose to call a strike of the workmen employed in your undertaking propose to go on strike along with the other workmen ..... are concerned, they are framed by the industrial court of maharashtra in exercise of its powers conferred under section 44 of the maharashtra act ..... settlement was arrived at before the conciliation officer between the parties on 8th .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1867; 2008(3)ALLMR(SC)861; 2008(3)BomCR25; [2008(117)FLR891]; JT2008(4)SC211; (2008)IILLJ697SC; 2008(4)SCALE704; AIRSCW2618; 2008(2)Supreme760; (2008)13SCC441
..... section 59 makes it clear that if any proceeding is initiated under the the mrtu and pulp act, 1971, no proceeding shall be entertained by any authority in respect of those matters under the bombay industrial relations act, 1946 (bombay act) and industrial disputes act, 1947 (in short 'the i.d. ..... consideration the report of the committee the government is of opinion that it is expedient to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their rights and obligations; to confer certain powers on unrecognized unions; to provide for declaring certain strikes and lock-outs as illegal strikes and lock-out; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for ..... the respondent herein namely, association of engineering workers' union (hereinafter referred to as 'the union') filed a complaint of unfair labour practice under 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 mrtu and pulp act, 1971') against hindalco industries ltd. ..... 'a' to the petition are working in the canteen of the management in its factory at nagothane, district raigad in the state of maharashtra, and the management was treating them as persons employed on contract basis through a contractor named m/s rashmi caterers, who was impleaded in the writ petition as respondent 5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1489; 2006(3)BomCR260; (2006)4CompLJ4(SC); JT2006(3)SC235; 2006(3)SCALE1; (2006)3SCC434; [2006]67SCL107(SC)
..... them, rmms is the only representative and approved trade union under the bombay industrial relations act for greater bombay. ..... 536 of 1992 clearly shows that after hearing the concerned parties it has been noticed that the government of maharashtra although had not given clearance to sell the surplus lands of all the 13 mills in mumbai and 5 mills outside mumbai, as has been done in other states, agreed that with a view to compensate therefore ..... it is in that situation this court observed that if a rule made by a rule making authority is found to be outside the scope of its power, it is void and it is not at all relevant that its validity has not been questioned for a long period of time; if a rule is void it remains void whether it has been acquiesced in ..... the order of this court dated 11th may, 2005 reads as under:so far as transactions relating to seven mills belonging to the national textile corporation are concerned, including sale of jupiter mills, it is not in dispute that transactions have reached a ..... it further appears that the government of maharashtra had not been asked to make assessment regarding sacrifice, if any, made by them in this behalf or any benefit which would accrue to them with the sale so that the board could consider such a sacrifice ..... to bifr in terms of section 16 of the act evidently was made for the aforementioned ..... the clarification made by the state is neither ultra vires section 37 of the mrtp act nor is violative of the constitutional provisions. .....
Tag this Judgment!