Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 61 reference to industrial court by conciliator or proceeding Page 1 of about 150 results (0.283 seconds)

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

Court : Mumbai

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

..... as a matter of fact, there are similar provisions for functioning of a representative union under the bombay industrial relations act, 1946. mr. ..... it 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. ..... at this meeting, the consensus of the members was that conciliation proceedings, should be adopted under industrial disputes act, 1947, so that a fair settlement could be arrived at with the assistance of the conciliation officer. ..... as under:-'(a) that pending the hearing and final disposal of the suit, the defendants be restrained by an order and injunction of this hon'ble court from giving effect to the notice dated 30.8.88 at exhibit 'h' to the plaint (and holding any further general body meeting or secret ballot or conduct signature campaigns) or seek reference in the matter of approval of the recommendations of the negotiating committee which were rejected at the general body meeting on 18th april 1988 and ..... in this case, the validity of section 20(2) of maharashtra act i of 1972 was impugned. ..... the petitioners 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'. .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : '123a. ..... shall, so far as it is not inconsistent with the provisions of this act, be made, instituted, continued and availed of as if the said act had no been repealed and continues in operation : (b) any proceedings pending before the state industrial court, a district industrial court, the labour commissioner, the registrar or the wage board, conciliation proceedings, or any proceedings relating to the trial of offences punishable under the provisions of the act so repealed shall be continued and completed as if the said act has not been repealed said continued in operation, and any ..... 16 of the central provinces act did not refer to it; (b) the limit of compensation was up to rs. ..... he pointed out the following differences, which he called as being 'in irreconcilable conflict' : (a) section 78(1) d of the bombay act referred to reinstatement and termination, while s. ..... nothing was shown in these clauses which would permit the addition of that further ingredient of doing 'some kind of activity' which alone would result in the creation or completion of the right, privilege, obligation or liability referred to in clause (c) of s. ..... reference to p. .....

Chhotabhai Jethabhai Patel and Co. Vs. Industrial Court, Nagpur and or ...

Court : Mumbai

Reported in : AIR1969Bom56; (1968)70BOMLR298; ILR1969Bom455; (1968)IILLJ757Bom; 1968MhLJ377

..... 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 ..... 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 ..... conciliation proceeding in regard to any industrial dispute which has arisen in consequence if a notice relating to any change given under sub-section (1) or sub-section (2) no fresh notice with regard to the same change given under sub-section (1) or subsection (2), no fresh notice with regard to the same change or a change similar in all material particulars shall be given before the expiry of two months from the date of the completion of the proceeding within the meaning of section .....

Hindustan Copper Mazdoor Sangh Vs. the Chief Labour Commissioner (C), ...

Court : Rajasthan

Reported in : 1986(1)WLN158

..... so far as the cases of bombay high court are concerned which were cited before the high court there was a provision in the bombay industrial relations act, 1946 for conferring an exclusive right on the union to represent the workmen and after dealing with those cases, it was held that mere fact that in other cases certain powers have been given to the representative union, is no ground for holding that the reference is in any way illegal. ..... the bombay industrial relations act had incorporated the provisions for conferring the statuts of a recognised union and despite strident criticism of the method of ascertaining membership. ..... 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 settlements can be arrived at. ..... their lordships further observed that section 20(2)(2) of the act of 1971 is more or less pari materia with the provisions of the bombay industrial relations act, 1946. ..... in maharashtra, the maharashtra recognition of trade unions and prevention of unfair labour practices act (no. ..... but it is for the legislature to intervene as has been done in maharashtra. .....

Prabhakar Anandrao Dhote and Others Vs. the Presiding Officer Industri ...

Court : Mumbai

Reported in : 1998(1)BomCR229; (1997)IILLJ1083Bom

..... is an admitted position that there is no representative union under the provisions of the bombay industrial relations act, 1946 (hereinafter called 'the b.i.r. ..... section 32 provides that there is a power in the labour court or the industrial court to permit an individual to appear in any proceeding ..... the proviso to section 32 is as follows :--'provided that subject to the provisions of section 33a, no such individual shall be permitted to appear in any proceedings not being a proceeding before a labour court or the industrial court 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 in which a representative union has appeared as the representative of ..... 'it will thus be clear that when a matter is pending before the labour court or the industrial court, as the case may be, under this act, there is an ample power in the court or tribunal to permit any individual employee to appear; admittedly, such permission was not sought for by the ..... it will be seen that section 27a of the act provides that except as provided in sections 32, 33 and 33a, no employee shall be allowed to appear or act in any proceedings under the act, except through the representatives ..... demands not having been met, the conciliation officer was approached and ultimately a reference came to be made to the industrial court. ..... are challenging the award passed by the industrial court, maharashtra, nagpur bench. .....

Prabhakar Anandrao Dhote, and Others Vs. Presiding Officer, Industrial ...

Court : Mumbai

Reported in : (1997)IILLJ1083Bom

..... an admitted position that there is no representative union under the provisions of the bombay industrial relations act, 1946 (hereinafter called 'the bir act' for the sake of brevity). ..... section 32 provides that there is a power in the labour court or the industrial court to permit an individual to appear 20 in any proceeding ..... the proviso to section 32 is as follows :- 'provided that subject to the provisions of section 33a, no such individual shall be permitted to appear in any proceedings not being a proceeding before a labour court or the industrial court 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 in which a representative union has appeared as the representative ..... it will be seen that section 27a of the act provides that except as provided in sections 32, 33 and 33a, no employee shall be allowed to appear or act in any proceedings under the act, except through the representatives ..... that the petition at the instance of the petitioners, for the first time, here, challenging the award could not be entertained, particularly when the said workers did not seek the permission under section 32 of the act and press their objections to the award before the industrial court. ..... having been met, the conciliation officer was approached and ultimately a reference 2 came to he made to the industrial court. ..... the award passed by the industrial court, maharashtra, nagpur bench. .....

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

Court : Andhra Pradesh

Reported in : (1992)ILLJ72AP

..... the question of recognition 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. ..... if the consultation proceedings fail, any industrial dispute raised even by an union which does not represent the majority of the workmen, may be referred for adjudication by the government to labour court or industrial tribunal. ..... 1848-1849) :- '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. ..... 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, .....

Vaidyakiya Karmachari Sanghatana and Others Vs. Pravara Medical Trust

Court : Mumbai Aurangabad

..... bombay act, no employee in any industry to which the provisions of the bombay act for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the representative of employees entitled to appear under section 30 of the bombay act. ..... (1) during the pendency of any conciliation proceeding before a conciliation officer or a board or of any proceeding before [an arbitrator or] a labour court or tribunal or national tribunal in respect of an industrial dispute, no employer shall-- (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, ..... there is no industrial dispute under the central act (id act) or the bombay industrial relations act, 1946, pending before the industrial tribunal, which concerns all ..... conciliation proceedings failed, the appropriate government referred these disputes of 43 terminations to the industrial ..... is taking the lead along with the 43 workers in espousing their individual cause as is provided for under section 21 and 22 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ("the act of 1971 ?). 19. .....

Pune District Central Co-operative Bank Ltd. Vs. Bank Karmachari Sangh ...

Court : Mumbai

Reported in : 2000(4)BomCR811

..... it is needless to mention that the petitioner bank is governed by the provisions of the bombay industrial relations act, 1946 and is also governed by the provisions of the maharashtra co-operative societies act, 1960.1 need not dwell on the point that both the statutes operate in separate fields and both have different object to be achieved. ..... (3) when no settlement is arrived at in any conciliator 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 sub-section (2), no fresh notice with regard to the same change or a change similar in all material particulars shall be given before the expiry of two months from the date of the completion of the proceeding within the meaning of section 63. ..... it was therefore, submitted on behalf of the petitioner before the industrial court as also before me that the bank had acted under the directions of the authority under the maharashtra co-operative societies act, 1960 and had framed new service regulations under the directions issued by the authority and therefore the bank had committed neither an illegal change nor an unfair labour practice under either the b.i.r. ..... (2) notwithstanding anything contained in sub-section (1) the state government may refer, or an employee or a representative union may apply in respect of any dispute of the nature referred to in clause (a) of paragraph a of section 78, to a labour court. 42. .....

Chhotobhai Jethabhai Patel and Co. Vs. the Industrial Court, Maharasht ...

Court : Supreme Court of India

Reported in : AIR1972SC1268; 1972LabIC444; (1972)ILLJ657SC; (1972)2SCC46; [1972]3SCR731

..... the said respondent filed an application challenging the order of dismissal before the labour court under section 78 of the bombay industrial relations act, 1946, hereinafter referred to as the 'act', on the 5th august. ..... under section 2 of that act the bombay industrial relations act of 1946 as in force immediately before the commencement of the 1965 act in the bombay area of the state of maharashtra was extended to the rest of the state. ..... the new act was described as an act 'to extend the bombay industrial relations act, 1946 throughout the state of maharashtra and for that and for certain other purposes further to amend that act, and to repeal corresponding laws in force in any part of the state'. ..... (2) every offence punishable under this act shall be tried by the labour court within the local limits of whose jurisdiction it was committed.explanation-a dispute falling under clause (a) of paragraph a of sub-section 1 shall be deemed to have arisen if within the period prescribed under the proviso to sub-section 4 of section 42, no agreement is arrived at in respect of an order, matter or change referred to in the said proviso.clause (d) of section 78(1) was introduced in the act of maharashtra act 22 of 1965. ..... chapter ix deals with joint committees, chapter x with conciliation proceedings, chapter xi with arbitration and chapter xii with labour courts, their territorial juris diction, their powers, commencement of proceedings before the labour court etc. .....