Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 61 reference to industrial court by conciliator or proceeding Court: mumbai Page 1 of about 99 results (0.086 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with the provisions of this act, be made, instituted, continued and availed of as if the said act had no been repealed and continues in operation : (b) any proceedings pending before the state industrial court, a district industrial court, the labour commissioner, the registrar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 .....

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. .....

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. .....

Best Workers' Union Vs. Brihan Mumbai Electric Supply and Transport (B ...

Court : Mumbai

Reported in : 2004(3)ARBLR192(Bom); 2004(5)BomCR311; [2004(101)FLR926]; 2004(3)MhLj199

..... under section 73a of the bombay industrial relations act, 1946, hereinafter called as 'the said act'. ..... is true that if we consider any provision of the arbitration act it would be necessary to inquire whether that particular provision is applicable looking to the scheme of the bombay industrial relations act, 1946. ..... it is also true that the apex court in labour law practitioners' association's case (supra) has held that 'the labour court adjudicates upon disputes that, had it not been for the industrial disputes act, the bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, would have been within the jurisdiction of the ordinary civil courts to decide, although the ordinary civil courts may not be able to grant all the reliefs that ..... clause (i) of the proviso to section 73a of the said act mandates to the employer or the union of the employees, desiring to make reference of an industrial dispute for arbitration proceedings, to refer the same to the industrial court within the period of two months from the date of conclusion of the conciliation proceedings. ..... same time, it was clearly ruled that:--'if any provision is inconsistent with the scheme of the bombay industrial relations act, 1946, then the provision of the arbitration act to that extent would not be applicable. ..... , instead of setting up a separate machinery for arbitration under chapter xi incorporated the provision of the arbitration act, 1946. .....

P.A. Ambure and Others Vs. Vyapari Sahakari Bank Maryadit and Others

Court : Mumbai

..... pendency of conciliation proceeding under the bombay act or the central act and seven days after the conclusion of such proceeding in respect of matters covered by the notice of strike; (d) where submission in respect of any of the matters covered by the notice of strike is registered under section 66 of the bombay act, before such submission, is lawfully revoked; (e) where an industrial dispute in respect of any of the matters covered by the notice of strike has been referred to the arbitration of a labour court or the industrial court voluntarily under sub-section (6) of section 58 or section 71 of the bombay act, during the arbitration proceedings or before ..... it will be necessary to make a reference to sub-section (3) of section 2 of mrtu and pulp act which reads thus:- 2(3) except as otherwise hereinafter provided, this act shall apply to the industries to which the bombay industrial relations act, 1946, bom. ..... i of 1904, shall apply to such cessor, as if this act has been repealed in relation to such industry by a maharashtra act . 16. ..... the appellants issued notice of strike in accordance with sub-section (1) of section 24 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short the mrtu and pulp act ). .....

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 claimed that the amendments were carried out in the bombay industrial relations act and the industrial disputes act to facilitate the smooth working of those courts and appointments of those posts are not required to be made in consultation with the maharashtra public service commission or with the high court of the state. ..... the provisions of section 80 of this act provide for the procedure to be followed in an application to be made to the labour court and section 81 enables the labour court to refer to the industrial court for decision any question of law arising in a proceeding before it. .....