Court : Mumbai
Reported in : 1998(1)ALLMR255; 1998(2)BomCR692; 1998(1)MhLj297
..... the petitioner is a trade union registered under the trade unions act, 1926 and also registered as the representative and approved union under the bombay industrial relations act, 1946 in respect of employees employed in the co-operative bank industry in the local area of pune cantonment and pune municipal corporation limits ..... were only suspended pending receipt of permission from the labour court under section 101(2-a) of the bombay industrial relations act as they were protected employees. ..... of their suspension were issued pending approval under section 101(2-a) of the bombay industrial relations act. ..... fourth respondent is the member, industrial court, maharashtra, constituted under section 4 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, hereinafter referred to as 'the mrtu & pulp act', at pune. ..... the members on the board of directors, who, ultimately, have to manage the entire affairs of the bank, as per the provisions of maharashtra co-operative societies act, 1960. ..... in the last week of march, 1983 fresh elections to the board of directors of the bank were notified to be held on 1st may, ..... in the writ petition filed by the board of directors of the bank, this court on 24th november, 1982 confirmed the election to the board of directors of the bank held on 16th march, ..... cyclostyled leaflet was distributed to the members of the petitioner union and a copy of the same was displayed on the notice board at the head office of the bank. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR382; 2006(2)BomCR704; 2006(1)MhLj538
..... . in karbhari's case (supra), the apex court has held that a member of the wage board of sugar industry constituted by the maharashtra government under section 86b of the bombay industrial relations act, 1946, satisfies all the tests laid down in shivmurthy's case for determining whether a person holds an office but he cannot be said to be a holder of an office of profit within the meaning of the said expression under article 191(1)(a) ..... the provisions comprised under article 158(2) nowhere refers to the office of profit either under the central government or the state government which is in contradiction to the provisions relating to the office of profit under article 102 or article 191 of the constitution of ..... plain reading of the above referred decision, which takes stock of the earlier decisions of the supreme court on the issue relating to the meaning of the expression of 'holding the office of profit under the government' would disclose that all these decisions relate to the said expression found either in article 102 or article 191 of the constitution of ..... . as regards clause 15, which speaks of honorarium, undisputedly neither the said bye-laws nor the said act nor the said rules disclose any reference to such honorarium to be reimbursement for the expenses incurred by such members for discharge of his ..... . umrao singh 's case specifically refers to the amount of allowance being related to reimbursement for the expenses incurred in connection with the discharge of .....
Tag this Judgment!Court : Mumbai
Reported in : (1998)IILLJ372Bom
..... the petitioner is a trade union registered under the trade unions act, 1926 and also registered as the representative and approved union under the bombay industrial relations act, 1946 in respect of employees employed in the co-operative bank industry in the local area of pune cantonment and pune municipal corporation limits ..... were only suspended pending receipt of permission from the labour court under section 101(2-a) of the bombay industrial relations act as they were protected employees. ..... of their suspension were issued pending approval under section 101(2-a) of the bombay industrial relations act. ..... the fourth respondent is the member, industrial court, maharashtra, constituted under section 4 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, hereinafter referred to as the mrtu and pulp act', at pune. ..... the members on the board of directors, who, ultimately, have to manage the entire affairs of the bank, as per the provisions of maharashtra co-operative societies act, 1960. ..... in the last week of march 1983 fresh elections to the board of directors of the bank were notified to he held on may 1, ..... in the writ petition filed by the board of directors of the bank, this court on november 24, 1982 confirmed the election to the board of directors of the bank held on march 16, ..... cyclostyled leaflet was distributed to the members of the petitioner union and a copy of the same was displayed on the notice board at the head office of the bank. .....
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 ..... to any class of unprotected workers or employers, the matter shall be referred to the state government and the decision of the state government on the question, which shall be taken after consulting the advisory committee constituted under section 14, shall be final.7(1) the board shall be responsible for administering a scheme, and shall exercise such powers and perform such functions as may be conferred on it by the scheme.7(2) the board may take such measures as it may deem fit for administering ..... 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 : AIR1975SC575; (1975)1SCC252; [1975]2SCR753
..... had committed several corrupt practices, the other that the election, was liable to be set aside because he was disqualified for election as he was holding an office of profit under the state government as a member of the wage board for the sugar industry constituted by the government of maharashtra under section 86b of the bombay industrial relations act, 1946. ..... reference has already been made to the various payments to which the 1st respondent was entitled to as a member of the wage board. ..... reference is made to the dictionary meaning of the word 'honorarium' and it is said that while the daily allowance is expected to meet the expenses of the member concerned while attending the meeting of the board, the honorarium is in the form of a fee for performing his duties on those days. ..... under section 86c the state government may make reference to the wage boards for decision of any industrial matter of industrial dispute. ..... it is not necessary to refer to the number of meetings he attended or the places at which he attended the meetings because the question has to be decided not on whether a particular member made a profit out of the payments made to him but on what was the ..... this court referred to the consolidated allowance and pointed out that it was not salary, remuneration or honorarium but was clearly an allowance paid for the purpose of ensuring that the chairman of a panchayat samiti did not have to spend .....
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. ..... orders but are in the pipeline or are being attempted to be passed and proceedings are initiated for passing such ultimate orders which are alleged to be contrary to item 1 of schedule iv of the maharashtra act.sub-section (2) of section 30 of the maharashtra act lays down:in any proceeding before it under this act, the court, may pass such interim order (including any temporary relief or restraining order) as it deems just and proper (including directions to the person to withdraw temporarily the practice complained ..... there was no provision for reference of any industrial dispute under the central act, for preventing any unfair labour practice, by the time the maharashtra act saw the light of the day. ..... the short question involved in this appeal centers round the jurisdiction of the labour court functioning under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act' for short) regarding entertaining of complaints filed under section 28(1) of the maharashtra act in connection with contemplated discharge or dismissal of the employees alleged to be resorted to by the employer by way of unfair labour practice, as mentioned in item 1 of schedule iv of the maharashtra act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)98BOMLR727
..... one act was the bombay industrial relations act, 1946 ('b.i.r ..... before we deal with the relevant provisions of the maharashtra act, it would be necessary to note that in the state of maharashtra, prior to the passing of the maharashtra act, two acts governing the relations between the employers and the employees in industries were already holding the field ..... remedy for prevention of such unfair labour practices and to find out how it supplies the lacuna and tries to achieve its goal.in para 15, the apex court has observed as under:the preamble of the act clearly indicates that the maharashtra act is brought on the statute book with the avowed purpose of regulating the activities of trade unions and for preventing certain unfair labour practices both on the part of unions of employees as well as the ..... . there was no provision for reference of any industrial dispute under the central act, for preventing any unfair labour practice, by the time the maharashtra act saw the light of the ..... to the workmen to raise an appropriate industrial dispute in that behalf if they are entitled to do so has to be understood in the light of the observations of the apex court in para 50(ii) of the judgment in the case of gujarat electricity board wherein the apex court has observed that if the industrial adjudicator comes to the conclusion that the contract is genuine, he may refer the workmen to the appropriate government for abolition of the contract labour under section 10 of the act and keep the dispute pending. .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR171; (1997)ILLJ933Bom; 1997(1)MhLj201
..... act was the bombay industrial relations act, 1946 ..... for reference of any industrial dispute under the central act, for preventing any unfair labour practice, by that time the maharashtra act saw ..... an appropriate industrial dispute in that behalf if they are entitled to do so has to be understood in the light of the observations of the apex court in para 50(ii) of the judgment in the case of gujarat electricity board, wherein the apex court has observed that if the industrial adjudicator comes to the conclusion that the contract is genuine, he may refer the workmen to the appropriate government for abolition of the contract labour under section 10 of the act and keep ..... in para 39, the apex court has observed as under :- 'we have also to keep in view that the maharashtra act is a social welfare legislation and in interpreting such a welfare legislation, such a construction should be placed on the relevant provisions which effectuates the purpose for which such ..... in para 15, the apex court has observed as under :- 'the preamble of the act clearly indicates that the maharashtra act is brought on the statute book with the avowed purpose of regulating the activities of trade unions and for preventing certain unfair labour practices both on the part ..... of the maharashtra act, it would be necessary to note that in the state of maharashtra, prior to the passing of the maharashtra act, two acts governing the relations between the employers and the employees in industries were already holding .....
Tag this Judgment!Court : Mumbai
Reported in : 1967MhLJ40
..... have already pointed out that the amendments effected in the bombay industrial relations act, 1946, by maharashtra act 22 of 1965 were largely made to bring out a uniform piece of legislation for adjudication and settlement of industrial disputes in the whole of the state of maharashtra. ..... 78 of the bombay industrial relations act, 1946, and with reference to this paragraph and other changes recommended ..... section 78(1)d has been introduced for the first time in the bombay industrial relations act, 1946, ..... (3) when no settlement is arrived at in any conciliation proceeding in regard to any industrial dispute which has arisen in consequence of a notice relating to any change given under sub-section (1) or (2), no fresh notice with regard to the same change or a change similar in all material particular shall be given before the expiry of two months from the date of the completion of the proceeding within the meaning of ..... section 123a repeals the central provinces and berar industrial disputes settlement act, 1947, which was the principal state legislation governing relations between the employees and the employers in the industries in vidarbha region ..... 42(4) by maharashtra act 22 of 1965, and that charge in sub-section (4) which now requires an employee desiring a change in respect of item (5) ..... section 42(4) itself has been slightly amended by making a separate provision for an application by an employee desiring a charge in respect of an industrial matter covered by item (5) in sch .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom56; (1968)70BOMLR298; ILR1969Bom455; (1968)IILLJ757Bom; 1968MhLJ377
..... . section 78(1)d has been introduced for the first time in the bombay industrial relations act, 1946, by section 31 of the maharashtra act , 1946, by section 31 of the maharashtra act no 22 of 1965 this maharashtra act 22 of 1965, which came into force in the whole of the state of maharashtra from 1st of may 1965 which came into force in the whole of the state of maharashtra from 1st of may 1965, which was in force in areas other than vidarbha in the maharashtra state till 1-5-1965 ..... bill recommended addition of a new paragraph in sub-section (1) of section 78 of the bombay industrial relations act, 1946, and with reference to this paragraph and other changes recommended in section 78(i)of the act the statement of objects and reasons indicated that the new clause d was added to section 78(1) of the bombay industrial relations act, in order to enlarge the powers of the labour court, to require an employer to reinstate an employee with full back wages payable to him and compensation not exceeding rs.1500 and possibility of getting suitable employment more than six ..... . it may be pointed out during the course of arguments that even though section 73(1)a(a) (i) refers to disputes regarding propriety or legality of an order passed by an employer acting on purporting to act under standing orders, the ambit of enquiry and the power to grant relief invested in the labour court under the new paragraph d covered a much wider field .....
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