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. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... secondly, this court has held in various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, 1968. 34. ..... manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the powers of the industrial court u/s 44 were held to be akin to its jurisdiction u/s 85 of the bombay industrial relations act (now maharashtra industrial relations act). ..... no doubt the magistrate can discharge the accused at any stage of the trial if he considers the charge to be groundless, but that does not mean that the accused cannot approach the high court under section 482 of the code or article 227 of the constitution to have the proceeding quashed against him when the complaint does not make out any case against him and still he must undergo the agony of a criminal trial. ..... to exercise its jurisdiction the matter should be remanded back to it to consider if the complaint and the evidence on record did not make out any case against the appellants, if, however, we refer to the impugned judgment of the high court it has come to the conclusion, though without referring to any material on record, that "in the present case it cannot be said at this stage that the allegations in the complaint are so absurd and inherently improbable on the basis of which ..... considering the law as is laid down in the above referred judgments, i am of the view that an order of issuance of process in a criminal complaint filed u/s 48(1) r/w sections 39 and 55 of the 1971 act can be questioned before the industrial court by a revision u/s 44. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he submits that the bombay industrial relations act, 1946, has been extended to sugar industry on 4-10-1952 and the petitioners have got necessary certificate of registration as trade unions to represent the workers. ..... viii of 2006 published in maharashtra government gazette on 17-4-2006 (exhibit "a") is unenforceable and cannot be acted upon since it is not a law nor it is having force of law and the same is liable to be quashed and set aside; (e) pending hearing and final disposal of this petition, the respondents be restrained by way of injunction not to proceed further with the applications if received for grant of land under section 281-aa from the ex-lessors, in pursuance of the maharashtra act no. ..... before referring to the judgments of hon'ble apex court on this issue, we find it important to note that chapter vi of 1961 act deals with subject of distribution of surplus land. ..... it is expressed that provision for return of lands added by maharashtra act xvii of 2003 came into force from 20.5.2003 and then there was a status-quo order by this court due to which several ex-lessors could not apply within stipulated period of 90 days. ..... sor of maharashtra act i of 2012 mentions coming into force of maharashtra act viii of 2006 on 17.2.2006 and grant of status quo order by the hon'ble apex court on 24.3.2006 before expiry of 90 days. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the industrial court through the representative union under the bombay industrial relations act ..... may be pointed out that the regulations governing the procedure and practice of the industrial courts are framed in exercise of the delegated statutory powers vested in the industrial court under section 33 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 and such regulations validly framed, have statutory force and are required to be mandatorily followed by the industrial courts as governing the practice and procedure before it. ..... act, 1971 laying down the procedure for exercising the powers under section official of the said act, both by the labour courts as well as industrial courts and accordingly, the rules were amended by the industrial court ..... the learned counsel, however is not able to state any reasons as to why she could not approach the industrial court on 9-2-1998 or any time thereafter till the date of filing of the present petition, for review of the ex parte order, by pointing out to the learned member of the industrial court that the present petitioner had filed a caveat and the order dated 9-2-1998 was passed without issuing notice or without ..... by the present petitioner was registered, and if it was brought to the notice of the learned member of the industrial court, he could not have proceeded with to pass the impugned order ex parte. ..... judge of the labour court ought to have referred to these rules before passing ..... refer to .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the bombay industrial relations act, and if successful therein to seek remedy under the said act thereafter. ..... we are in agreement with the observations of the learned single judge but with a rider that in cases where the employer-employee relationship was recognised at some stage and thereafter it was disputed, the industrial court has jurisdiction to decide this issue as an incidental issue under section 32 of the mrtu and pulp act. 17. ..... this court, in the matter of buildtech constructions, lokmat (supra), hindustan coca cola (supra) and maharashtra state power generation (supra) has laid down the law that a mere denial of employer-employee relationship in the written statement is not enough to oust the jurisdiction of the labour court or the industrial court. ..... the evidence adduced by the petitioners was not even referred to, much less discussed and the respondent/management was yet to lead its evidence when the impugned order dated 05/11/2001 was passed. 8. ..... in that decision the question was whether in view of section 10 of the contract labour (regulation and abolition) act, 1970 the employees of contractors stood automatically absorbed in the service of the principal employer. ..... that judgment was considerating the effect of the notification under section 10 of the act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, [or a representative union registered as such under the bombay industrial relations act, 1946], or any inspector under this act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3): [and in case of death of the employed person, it shall be lawful for his legal representative to make an application ..... the sale proceeds of his secured assets after depositing the workmen's due with the liquidator in accordance with the provisions of section 529-a of the act: provided also that the liquidator referred to in the second proviso shall intimate the secured creditor the workmen's dues in accordance with the provisions of section 529-a of the companies act, 1956 (1 of 1956) and in case such workmen's dues cannot be ascertained, the liquidator shall intimate the estimated amount of workmen ..... the learned counsel relies on the judgment of the apex court in a case of bank of maharashtra vs. ..... 67.1 if the debtor company is not in liquidation nor any provisional liquidator has been appointed and merely winding up proceedings are pending, there is no question of distribution of sale proceeds among secured creditors in the manner prescribed in section 19(19) of the 1993 act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the effect of section 4 of bombay village panchayat act also cannot be taken away relating to a legal rights flowing in favour of tax payer i.e. ..... however, no steps are taken as yet by the municipal corporation though as referred earlier, government of maharashtra has by virtue of direction in writ petition indicated on 17.4.2010 to incorporate survey nos.28 to 44 and 46 to 75 within limits of aurangabad municipal corporation, of course, by observance of law. ..... that a municipality under this clause may not be constituted in such urban area or part thereof as the governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify ..... record and proceeding received. ..... honble supreme court has observed tax is undoubtedly in the nature of compulsory extraction of money by public authority for public purpose the payment which is acceptance by law. ..... the appellant has relied upon the judgment of division bench of this court in writ petition no. ..... (corporation court) aurangabad in special civil suit no.19 of 2010, dismissing the appellants suit. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the bombay industrial relations act, and if successful therein to seek remedy under the said act thereafter. ..... according to the respondents the scope for the maharashtra act is limited in nature and confined to consideration of claims and grievances of unfair labour practices of certain kind by prohibiting employer or union and employees from engaging in any unfair labour practice and the existence of an undisputed or indisputable relationship of employer-employee is an essential prerequisite for the labour or industrial court under the maharashtra act to entertain any proceedings in respect of any grievance under the said act. ..... section 32 of the maharashtra act, it is urged is to be considered in the context of sections 26 and 27 read with the relevant entries in the schedules in these cases, particularly items 5, 6, and 10 and in the absence of accepted or existing relationship of employer-employee duly declared in competent proceedings, neither section 5 nor section 7 or even section 28 enabled a complaint to be entertained for consideration of such grievances as are sought or permitted to be agitated under the maharashtra act. 8. ..... singhvi, the learned senior advocate appearing for the respondent, submitted that under section 32 of the act the labour court has the power to decide all matters arising out of any application or complaint referred to it for the decision under any of the provisions of the act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is prayed that subsection (4) to section 3 of the bombay provincial municipal corporations act, 1949 and proviso to subclause (d) of subsection (1) to section 6 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965, (hereinafter referred to as,?the municipal councils act? ..... as it has been held that the process for constituting the municipal corporation of the city of jalgaon in place of the municipal council does not suffer from any infirmity up to the stage to which it has proceeded, the state government may now take a final decision and issue a final notification depending on the formation of its opinion. ..... in particular, it is well established that when a statute has conferred on any body the power to make decisions affecting individuals, the courts will not only require the procedure prescribed by the statute to be followed, but will readily imply so much and no more to be introduced by way of additional procedural safeguards as will ensure the attainment of ..... do not see how the state government was prevented from issuing a notification in the official gazettee in terms of section 3(2) specifying the urban area as a larger urban area and in relation to parbhani city. ..... thus, only to enable to publish a notification under section 3 in relation to an existing municipal council and when the urban area for which it is constituted, has a population in terms of the latest census figures exceeding 3 lakhs, that the said proviso has been added. .....
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