Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 57 power of chief conciliator to intervene Page 2 of about 21 results (0.081 seconds)

The State of Maharashtra Vs. Labour Law Practitioners' Association and ...

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 .....

Kolhapur Sugar Mills, Ltd. Vs. Syed Taki Bilgrami and anr.

Court : Mumbai

Reported in : (1968)ILLJ800Bom

..... section 42(2) of the bombay industrial relations act, 1946, provides that an employee desiring a change in respect of an industrial matter must give a notice in the prescribed form to the employer who is to forward a copy of the same to the conciliator for the industry concerned for that local area. ..... though sri narayanaswami has formulated his clients' case in the form of the above four propositions, in our opinion, the first three of them relate to the same question, and may, therefore, be conveniently death with together, namely, the question as to whether the award of the industrial court is bad because it sought to apply the bombay industrial relations act, 1946, to harvesting and transport operations carried on on the lands which do not belong to the petitioner-company, but which belong to private cultivators ..... petitioner-company originally owned an agricultural estate of 1,135 acres of land on which sugarcane was cultivated by it, but after the maharashtra agricultural lands (ceiling on holdings) act, 1951, was passed, under the provisions of that act, a major part of the estate owned by the petitioner-company was taken over by the government and handed over to the maharashtra state farming corporation, leaving only 79 acres of agricultural land for the petitioner-company itself, as from 1 august, 1963. ..... in exercise of the powers conferred by sub-section (4) of s. ..... - in exercise of the powers conferred by sub-section (4) of s. .....

Woollen Kamgar Sanghatana, Vs. Seth Industries Ltd.,

Court : Mumbai

Reported in : 2005(1)BomCR338; (2005)ILLJ1145Bom

..... the question for consideration in this appeal is: does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act) other than those specified in items 2 and 6 of schedule iv thereof8. ..... , : (1978)illj174sc by observing thus:'now a combined reading of sections 80, 27-a, 30, 32 and 33 of the act leaves no room for doubt that consistent with its avowed policy of preventing the exploitation of the workers and augmenting their bargaining power, the legislature has clothed the representative union with plenary power to appear or act on behalf of the employees in any proceedings under the act and has deprived the individual employees or workmen of the right to appear or act in the proceeding under the at where the ..... section 32 is concerned with all proceedings before the authorities and gives power to the authorities under act to permit an employee himself to appear even though a representative of employees may have appeared but this permission cannot be granted where the representative union has appeared as representative of employees. .....

Sri Visakha Grameena Bank Employees Association, Srikakulam Vs. Govern ...

Court : Andhra Pradesh

Reported in : (1992)ILLJ72AP

..... is governed by the guidelines in the 'code of discipline' voluntarily accepted by the employer and employees and will hold good unless replaced by any statute like the bombay industrial relations act, 1946 or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 or similar provisions in force in madhya pradesh, rajasthan etc. ..... coming to the third point, it is necessary to refer to section 24 of the regional rural banks act, 1976, which reads as follows :- 'power of central government to give directions :- (1) a regional rural banks shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the central government may, after ..... unless a statute confers an exclusive right on the union of workmen to enter into negotiations with the management, even a minority union of workmen, if there are more than one union in the industry or establishment, can raise demand and conciliation proceedings can be initiated and settlement can be arrived at. ..... the legislature to intervene as has been done in maharashtra. ..... 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 .....

Suresh Navnitlal Shah, Vs. Hindustan Spg. and Weaving Mills Co. Ltd. a ...

Court : Mumbai

Reported in : 2002(3)ALLMR783; 2002(3)BomCR571; [2002(94)FLR560]

..... this petition challenges the order of the industrial court dated 15th december, 1998 declaring that the petitioner is not an 'employee' under the provisions of section 3(13) of the bombay industrial relations act, 1946 (hereinafter referred to as '1946 act').2. ..... the petitioner, therefore, filed a complaint under item 1(b) and (f) and 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 '1971 act') alleging that the first respondent had terminated his service in breach of the conditions of service applicable to him. ..... bombay industrial relations act, 1946, the definition of 'employee' as contained in the bombay industrial relations act, 1946 would prevail. ..... section 3(13) of the 1946 reads as under :-'3(13) 'employee' means any person employed to do any skilled or unskilled work for hire or reward in any industry, and includes---(a) a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause (e) of clause (14);(b) a person who has been dismissed, discharged or retrenched or whose services have been terminated from employment on account of any dispute relating to change in respect of which notice is given or an application made under .....

Shetkari Sahakari Sakhar Karkhana Ltd. Vs. S.B. Shete, Presiding Offic ...

Court : Mumbai

Reported in : 1998(2)ALLMR517; 1998(2)BomCR52; [1998(79)FLR272]

..... while these demands were pending in conciliation under the industrial disputes act, 1947, the provisions of the bombay industrial relations act, 1946 were made applicable to the petitioner factory with effect from 20th november, ..... , after accepting the same an appeal is made to the management and representatives of the union in the sugar industry that they should take steps to enter into agreements incorporating the decision given by the chairman of the committee and accepted by the state government after following the procedure laid down under the bombay industrial relations act, 1946, to which the sugar industry in the state of maharashtra is amenable. ..... the petitioners are a co-operative society registered under the maharashtra co-operative societies act, 1960 and carries on the business of manufacture of sugar at its factory situated at killari, taluka ausa, district ..... it is not the function of the labour court when exercising power under section 33-c(2) to adjudicate on the legality or otherwise of an agreement or settlement on the basis of which the wages are claimed by the ..... recommendations were accepted by the government of maharashtra by its resolution dated 6th may, 1975. ..... a perusal of the resolution passed by the maharashtra government shows that the recommendations of the patil committee were accepted by the ..... thereafter the government of maharashtra constituted a tripartite committee under the chairmanship of the then minister of labour, by resolution dated 15th february, .....

Ashok Shridhar Athavale Vs. Ratansi Muljee of Bombay Chairman of Finla ...

Court : Mumbai

Reported in : (1993)IIILLJ367Bom; 1991(1)MhLj713

..... therein) made the necessary applications before the labour court under section 79 of the bombay industrial relations act, 1946, relying upon the same very notification i.e. ..... doshi that the cases interpreting section 3(13) of the bombay industrial relations act, 1946 cannot be useful for the purpose of interpreting and applying clauses (a), (b) or (d) of the said notification dated 30th may ..... section 122 of the bombay industrial relations act, 1946 provided that thebombay industrial disputes act, 1938 was repealed, subject to the saving clause ..... from 18th october, 1983 so as to attract section 3(13) of bombay industrial relations act, 1946 and other relevant provisions.3. ..... under section 42(4) of the bombay industrial relations act, 1946, calling upon the management to reinstate the petitioner with continuity of service and full back wages and other benefits with effect from 23rd january ..... of the fact that they are employed through a contractor and not directly, their case falls within section 3(13) of the bombay industrial relations act, 1946'.8. ..... dated 30th may, 1939 issued by the then government of bombay in exercise of powers conferred on it under the bombay industrial disputes act, 1938, and continued in force by the government of maharashtra after coming into force of tile abovereferred act of 1946. ..... the bombay industrial disputes act, 1938 was enacted to make provision for promotion of peaceful and amicable settlement of industrial disputes by conciliation and arbitration .....

Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR366; 2009(1)BomCR179

..... act;(iii) the orders passed under the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971(iv) the orders passed under the industrial disputes act, 1948;(v) the orders made in applications under the bombay industrial relations act, 1946;(vi) the orders passed under the maharashtra restoration of lands to scheduled tribes act, 1974 (act xiv of 1975)(vii) the orders passed under the maharashtra co-operative societies act ..... of a given case may make it more appropriate for the high court to exercise self-restraint and not to intervene because the error of jurisdiction though committed is vet capable of being taken care of and corrected at a later ..... the charity commissioner issues notice prior to the passing of the order under sub-sections (3) or (4) of section 41-d, then obviously, the trustees who are mismanaging the trust would have an opportunity ..... banks and financial institutions act, 1993; the administrative tribunals act, 1985; and the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002.may be heard and finally disposed of by a single judge appointed in this behalf by the chief justice:(provided when the matter in dispute is or relates to the challenge to the ..... to 8 of the said decision has adverted to the various provisions of the act and noted that the object of the act, the charity commissioner being clothed with sufficient power to deal with all exigencies where a public trust or its trustees stray away .....

State of Kerala Vs. B. Renjith Kumar and ors.

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'. .....

Forbes and Co Ltd and anr. Vs. the Official Liquidator of the Swadeshi ...

Court : Mumbai

..... mill mazdoor sangh ought not be held to be conclusive and decisive of all claims and dues of the workers.15 ms.cox submits that once the company is in liquidation, then, the bombay industrial relations act, 1946 or the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971, are inapplicable. ..... said order by rashtriya mill mazdoor sangh, a registered trade union the bombay industrial relations act, 1946 and also the representative and authorized union of the company before the appellate authority for industrial and financial reconstruction (aaifr) was also dismissed vide its order dated ..... 394a were procedural provisions and when once a company was under liquidation, the chapter dealing with winding up applied and the only provision or substantive provision conferring power of stopping the winding up was conferred on the court by section 466 of the act, and unless the court is satisfied that the company is being taken out of liquidation by way of revival and that it will sub-serve public interest and ..... any time after making a winding up order on the application either of the official liquidator or of any creditor or contributory and on proof to the satisfaction of the court, that all proceedings in relation to the winding up ought to be stayed, make an order staying the proceedings either altogether i.e permanently or for a limited time that means temporarily, on such terms and conditions as the court thinks fit. ..... the learned chief justice then .....