Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 58 settlement and report Page 1 of about 4,220 results (0.720 seconds)

Mohan Madhukar Ghate and ors. Vs. N.D. Rathod and ors.

Court : Mumbai

Reported in : 1991(2)BomCR376; (1993)IIILLJ384Bom

..... a matter of fact, there are similar provisions for functioning of a representative union under the bombay industrial relations act, 1946. mr. ..... was held in this case that a settlement can be said to have been arrived at 'in the course of conciliation proceedings' under section 18 of the industrial disputes act, 1947 only if the conciliation officer has promoted the settlement and has applied his mind to the settlement. ..... and other office-bearers were entitled to act under rule 62 of the industrial disputes, (bombay) rules and bind the union with the settlement. ..... represented in any proceedings under the central act (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee is under consideration), except through the recognised union; and the decision arrived at, or order made, in such proceeding shall be binding on all the employees in such undertaking;' by the said state legislation, certain provisions of the industrial disputes act, 1947 are also amended and a proviso is inserted in section 18(1) of the industrial disputes act, 1947. ..... are members of glaxo laboratories employees' union, a union duly recognised under section 12 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as 'the 1971 act'. ..... their workmen reported in 1976 (33) flr 398, air 1977 ..... ganguly, reported in 20 ..... reported in : (1985 .....

Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Ltd. and Others V ...

Court : Mumbai

Reported in : (1997)IIILLJ592Bom

..... 4 of 1988 before the labour court alleging that the soot girani and its board of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same. ..... the division bench held that, though the section is marginally headed 'contempt's of industrial or labour courts', the contents of section 48 are not restricted merely to matters relating to contempt and that so far 'contempt' is concerned, the provisions were to be found only in the latter part of sub-sections (5) to (8) of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... for such contempt the procedure is that, if the contempt is of the labour court, the labour court is required to make a report of the material facts to the industrial court and the industrial court then in turn would forward a report to the high court which is required to deal with such contempt as if it were contempt of itself and act in accordance with the same procedure and practice as it has an exercise in respect of contempt of itself. 7. ..... section 46(5) of the act provides that failure to carry out the terms of any settlement, award, registered agreement, effective order or decision of a wage board, industrial court or labour court shall be deemed to be an illegal change .....

Managing Dir., Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Lt ...

Court : Mumbai

Reported in : 1995(4)BomCR184; (1995)97BOMLR365

..... 4 of the 1988 before the labour court alleging that the soot girani and its board of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same. ..... the division bench held that, though the section is marginally headed 'contempt of industrial or labour courts', the contents of section 48 are not restricted merely to matters relating to contempt and that so far 'contempt' is concerned, the provisions were to be found only in the latter part of sub-sections (5) to (8) of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... for such contempt the procedure is that, if the contempt is of the labour court, the labour court is required to make a report of the material facts to the industrial court and the industrial court then in turn would forward a report to the high court which is required to deal with such contempt as if it were contempt of itself and act in accordance with the same procedure and practice as it has an exercises in respect of contempt of itself. 7. ..... section 46(5) of the act provides that failure to carry out the terms of any settlement, award, registered agreement, effective order or decision of a wage board, industrial court or labour court shall be deemed to be an illegal .....

Indian Coffee Workers Co-op. Society Ltd. Vs. Albert and Others

Court : Mumbai Nagpur

..... was held therein that an interim order passed on an application under sections 78 and 79 of the bombay industrial relations act, 1946 could not be termed either as a settlement or award for the purposes of invoking the provisions of section 33c(1) of the act of 1947. ..... question that arises for consideration in this writ petition is whether a complaint under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short, the act of 1971) under schedule iv item 9 is maintainable for a declaration that non-compliance of the judgment in an earlier complaint filed under section 28 of the act of 1971 would amount to an unfair labour practice. 2. ..... under the maharashtra recognition of trade unions and prevention of unfair labour practices rules, 1975 especially rules 25 and 26 thereof, the manner in which the order passed under section 28(8) of the act of 1971 is to be published and its report has to be forwarded has been ..... the prayer made in this complaint reads as under: declare that the respondent is engaged in unfair labour practice covered by item no.9 of schedule iv to the maharashtra act no.1 of 1972, in not complying with the order passed by the labour court, nagpur on 24/09/1996. ' 8. ..... is the duty of the respondent to comply the order passed by the labour court and in not complying with the order passed by the labour court, the respondent has committed breach of the item no.9 of schedule iv to the maharashtra act no.1 of 1972. .....

indorama Synthetics India Limited Vs. Vijay and Others

Court : Mumbai Nagpur

..... thereafter approached the learned industrial court with a grievance that by transferring the employees from the quality control department, the appellant has committed an illegal change, as notice of change under section 42(1) of the bombay industrial relations act, 1946 (for short, the bir act ) was not given ..... that regulation issued under corporation act would not prevail or supersede a contract between the parties resulting from the settlement of 1972 arrived at under the industrial disputes act. ..... rule is made absolute in writ petition no.446 of 2006 setting aside judgment and order passed by the learned industrial court in complaint (ulp) no.245 of 2004 to the effect it partly allows ..... silk mills and anr, reported at 2009(12) scalesince the matter of transfer is covered by item no.2 of schedule iii of the bir act, it will not attract item nos.1 and 2 of schedule ii and as such the notice under section 42(1) of the bir act, was ..... contended that this act of the appellant amounts to unfair labour practice under item no.9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... learned counsel further submits that the learned industrial court as well as learned single judge have failed to take into consideration that clause7 of the memorandum of settlement only determines the components insofar as production departments ..... the appellant is situated at midc (maharashtra industrial development corporation) area, buritibori, nagpur. .....

Rajendra Zumber Jagtap and ors. Vs. Baramati Taluka Sakhar Kamgar Sabh ...

Court : Mumbai

Reported in : 2007(1)BomCR842; [2007(112)FLR1003]; 2007(1)MhLj644

..... counsel for the petitioners drew our attention to section 21 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'trade union act') and section 33 and 33a of the bombay industrial relations act, 1946 (hereinafter referred to as the 'act of 1946'). ..... as the preamble of the act indicates, the act is 'an act to regulate the relations of employers and employees, to make provisions for settlement of industrial disputes...the underlying philosophy of the act appears to be to discourage mushrooming of unions and to encourage stable and healthy collective bargaining between the employer and the recognized collective bargaining agent for the entire industry. ..... pawar, member, industrial court, pune.4) judgment of division bench of this court reported in 2006 1 clr 543 hindustan lever limited v. ..... -(1) notwithstanding anything herein before contained the [state] government may, at any time on the report of the labour officer or on its own motion, refer any industrial dispute between employers and employees to the arbitration of a labour court or the industrial court. ..... kimatrai printers, processors and ors.2) supreme court judgment reported in (1995) 3 s.c.c. ..... and ors.3) judgment of single bench of this court reported in : (1996)illj955bom bank karmachari sangh v. k. r. ..... 1 to the following judgments in support of his contention:1) supreme court judgment reported in 1971 (i) l.l.j. .....

Mohammedbhikhan Hussainbhai and Etc. Vs. the Manager, Chandrabhanu Cin ...

Court : Gujarat

Reported in : AIR1986Guj209; (1986)1GLR1

..... that the labour courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 and the industrial courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 are courts and courts subordinate to the high court in terms of section 3 of the contempt of courts act, 1971 or rather section 10 thereof and equally nominee of the registrar acting under section 96 of the gujarat co-operative societies act, 1961 and deciding disputes under section 101 and the co-operative tribunal under that act are courts and that too courts subordinate to the ..... officers on special duty appointed by the state government in exercise of the powers under section 3 of the maharashtra co-operative societies act 1960 under the maharashtra government notification dated 11-3-1969 are courts within the meaning of the contempt of courts act while discharging their duties under the state act'.the following pertinent observations having been made in the report 'mainly two criteria have been laid down by the decided cases in order to constitute ..... sub-section (1) and sub-section (3) regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforceable under sub-section (1) or sub-section (3), as the case may be'.then follows section 18, which deals with persons on whom settlements and awards .....

Rajya Parivhan Yantrik Kamgar Sanghatana Through Its Regional Secretar ...

Court : Mumbai

Reported in : 2010(1)MhLj948

..... 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 (m.r.t.u. ..... , termination of service, or suspension of an employee is under consideration), except through the recognised union; and the decision arrived at, or order made, in such proceeding shall be binding on all the employees in such undertaking; and accordingly, the provisions of the central act, that is to say, the industrial disputes act, 1947, (xiv of 1947) shall stand amended in the manner and to the extent specified in schedule i.under this section, only recognized union gets exclusive right to represent workmen in any proceeding under the ..... act was enacted to provide for the regulation of the relation of employers and employees in certain matters and to consolidate and amend the law in relation to the settlement of industrial disputes. ..... akhil maharashtra kamgar union, thane reported at : (2001)iillj217bom . ..... reported at : (1996)iillj959bom , and, therefore, the judgment would not be binding. ..... reported at 2003(99) flr 382, had considered the same question and had observed in paras 9, 10 and 11 as under:9. ..... reported at 2001(3) mh.l.j. ..... reported in : (1996)iillj959bom . ..... reported at 1995 i clr 607. .....

Jugilal Laxminarayan Yadav and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : [1991(63)FLR382]; (1992)ILLJ248Bom; 1991(1)MhLj318

..... the only question which, therefore, arises for my consideration is as to whether the interim order dated august 26, 1986 (exhibit 'a' to the petition) passed by the labour court in the application under section 78 and 79 of the bombay industrial relations act, 1946, can be described as a settlement or an award. ..... shri patel submitted, in the first instance, that the interim order passed by the labour court on application for interim relief in the application made under section 78 and 79 of the bombay industrial relations act, 1946, was a settlement. ..... on february 13, 1985, the rashtriya mills mazdoor sangh, a representative union for the local areas of the cotton textile industry in greater bombay, sent an approach notice under section 42(4) of the bombay industrial relations act, 1946, in respect of 1,654 employees, including the petitioners, on the basis that the management had illegally refused to assign work to the said workmen. ..... an interim order in an application under sections 78 and 79 of the bombay industrial relations act, 1946, cannot be viewed as an award. ..... in my judgment, the interim order passed by the labour court in an application under sections 78 and 79 of the bombay industrial relations act cannot be viewed as a settlement. ..... jointly and severally from the national textile corporation (south maharashtra) ltd. ..... and another reported in 1988 i llj 1. ..... and another reported in : (1986)illj490sc . .....

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

Court : Mumbai

Reported in : [1979(39)FLR89]

..... the labour courts 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. ..... it is undoubtedly true that the application of article 234 of the constitution of india was deleted from the provisions of section 9 of the bombay industrial relations act by an amendment but it cannot be lost sight of that the legislature retained the application of article 234 of the constitution to the appointment of labour courts which are constituted under the maharashtra recognition of trade unions and prevention of unfair labour practices act. mr. ..... 1 in the industrial disputes act, 1947 and in the bombay industrial relations act, 1946, the state government felt that it was open for the government to appoint assistant commissioner of labour working under the state government for a period in excess of five years and holding a law degree to this office of the labour courts. ..... the bombay industrial relations act is an act passed by the state legislature to regulate the relations of employers and employees, to make provision for settlement of industrial disputes and to provide for certain other purposes. ..... the state of maharashtra, reported in 76 boml.r. .....