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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC255; [1989(59)FLR770]; JT1989(3)SC310; (1989)IILLJ572SC; 1989(2)SCALE158; (1989)3SCC582; (1989)3SCC582a; [1989]3SCR640; 1989(2)LC612(SC)
..... that the notice has been frivolously or veraciously given or that it would b inexpedient so to do, make a reference under this sub-section notwithstanding that any other proceedings under this act in respect of the dispute may have commenced; provided also that where the dispute in relation to which the central government is the appropriate government, it shall be competent for that government to refer the dispute to a labour court or an industrial tribunal, as the case may be, constituted by the state government.it is therefore clear that this ..... learned counsel appearing for the appellant plaintiff mainly contended that in the scheme of the industrial disputes act, the starting point for an industrial dispute is the conciliation proceedings and if the conciliation proceedings fail then the conciliation officer is expected to submit his report to the govt. ..... according to the appellant plaintiff the order of dismissal is contrary to the provisions of the standing orders framed under industrial employment (standing orders) act, 1946 and on this ground he sought the relief of declaration that the dismissal is null and void and inoperative as he was not guilty of any misconduct as no enquiry was conducted, the dismissal was bad in accordance with the ..... on the other hand the learned counsel for the respondent contended that in view of decision in bombay union of journalists case the discretion of the govt. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIAD(SC)20; AIR1998SC1233; [1999(82)FLR380]; (1998)2GLR1079; JT1998(1)SC604; (1998)ILLJ868SC; 1998(1)SCALE565; (1998)2SCC688; [1998]1SCR793
..... under the bombay industrial relations act, as it originally stood, section 9 provided that no person shall be eligible to be appointed as a judge of the labour court unless he possessed the qualifications, other than the qualification of age, laid down under article 234 of the constitution for being eligible to enter the judicial service in the state of maharashtra. ..... we need not refer at length to various other judgments which have dealt with the question whether a tribunal set up under different acts which were before the court in each case was a judicial body or a court and whether it was a court subordinate to the high court. ..... the court referred to the rules by which proceedings before the tribunal were regulated. ..... article 233(2) has been interpreted as prescribing that 'a person in the service of the union or the state' can refer only to a person in the judicial service of the union or the state. ..... the impugned notification of 8th of march, 1979, therefore, was issued appointing two such persons as presiding officers of labour courts at sholapur and pune which has been challenged in these proceedings. ..... after referring to the cases of chandra mohan (supra) and statesman (private) ltd. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(4)AWC3567(SC); 2008(56)BLJR2023; [2008(118)FLR322]; JT2008(8)SC559; 2008(3)KLT33(SC); (2008)IIILLJ853SC; 2008(9)SCALE557; 2009(1)SLJ187(SC); 2008AIRSCW4279; 2008LABIC2621; 2008-III-LLJ-853; 2008(4)Supreme609
..... this court while dealing with and interpreting the provisions of articles 233, 234, 235, 236(a) and (b) and section 3(17) of general clauses act, bombay industrial relations act, 1946 and maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, held: (para 5 ..... practitioners' association : (1998)illj868sc , the question before the high court was whether notification dated 8.3.1979 issued by the state of maharashtra under the id act, 1947 and the bombay industrial relations act and the amended section 7 of the id act, 1947 insofar as these provisions authorised the appointment of assistant commissioners of labour working as judges of the labour court were void and illegal and contrary to article 234 of the constitution ..... labour courts and the industrial tribunals have been constituted in the state of kerala under sections 7 and 7a of the industrial disputes act, 1947 (hereinafter referred to as 'the id act, ..... been recognised and accepted by the state government for more than 30 years, the high court, in our view, has rightly observed that the mere fact that the constitution refers to the appointment of district judges alone cannot, by itself, be a good ground for treating the presiding officers of the industrial tribunal and the district judges differently. ..... the court referred to the rules by which proceedings before the ..... government may, if it so thinks fit, appoint two persons as assessors to advise the tribunal in the proceeding before it. 8. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC269; [2004(101)FLR635]; JT2003(8)SC243; (2003)IIILLJ1156SC; (2004)1MLJ87(SC); (2003)10SCC455; 2004(86)SLJ64(SC); 2004(1)LC483(SC)
..... a bare reading of the said provision makes it clear that no proceeding under the bombay industrial relations act, 1946 or the id act shall be entertained when proceedings in respect of any matter failing within the purview of the maharashtra act is already instituted. ..... 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 pre-requisite 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, 9 & 10 and in the absence of accepted or existing relationship of employer-employee duly declared ..... 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 decision under any of the provisions of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1867; 2008(3)ALLMR(SC)861; 2008(3)BomCR25; [2008(117)FLR891]; JT2008(4)SC211; (2008)IILLJ697SC; 2008(4)SCALE704; AIRSCW2618; 2008(2)Supreme760; (2008)13SCC441
..... section 59 makes it clear that if any proceeding is initiated under the the mrtu and pulp act, 1971, no proceeding shall be entertained by any authority in respect of those matters under the bombay industrial relations act, 1946 (bombay act) and industrial disputes act, 1947 ..... that in the event we were to hold that it is only in clear cases or undisputed cases the labour court or the industrial tribunal under the act can examine the complaints made thereunder, the whole provision would be rendered otiose and in each of those cases provisions of the bombay industrial relations act, 1946 or the industrial disputes act will have to be invoked. ..... prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes or according recognition to trade unions and for enforcing provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid; it is hereby enacted in the twenty-second year of the republic of india as follows:among the various definitions, we are concerned about section 3(16) which refers to 'unfair labour practices' means unfair labour ..... association of engineering workers' union (hereinafter referred to as 'the union') filed a complaint of unfair labour practice under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the mrtu and pulp act, 1971') against hindalco industries ltd. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC834; JT1993(5)SC459; 1994LabIC70; (1994)ILLJ668SC; 1993(3)SCALE894; 1994Supp(1)SCC1; [1993]Supp2SCR540
..... act, unless the context otherwise requires -xxxx xxxx xxxx(i) 'workman' means a workman as defined in the industrial disputes act, 1947 (xiv of 1947) or an employee as defined in the bombay industrial relations act, 1946 ..... that was case arising under the maharashtra private security guards (regulation of employment and welfare) act, 1981 and section 23 empowers the government to grant exemption from the operation of the provisions of the act or any scheme thereunder in regard to all or any class ..... the notification also does not indicate any special reason with reference to the financial position and other relevant circumstances of any factory or establishment or class of factories or establishments except mentioning that it is just and proper ..... above reasons, we agree with the high court that the notification is ultra vires of the act, void and unenforceable and therefore the same ..... the judgment of this court in security guards board for greater bombay and thane distt. v ..... the high court held that the act contemplates payment of house-rent allowance to all workmen and there is no scope to reduce the minimum rate of house rent in respect of any class of workmen or to differentiate between classes or categories of workmen of a ..... a division bench of the high court declared the impugned notification as invalid, unenforceable and accordingly quashed the same and also directed the employers, who figured as respondents before the high court, to refund the amount recovered form the workmen on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC311; [1985(50)FLR186]; (1985)ILLJ314SC; 1984(2)SCALE1000; 1984Supp(1)SCC663; [1985]2SCR492
..... in force in the state of maharashtra a comprehensive legislation bombay industrial relations act, 1946 touching almost all aspects of industrial relations but it applies only to specified industries. ..... the right of the representative union to appear in a proceeding under the bombay industrial relations act to the exclusion of the workmen likely to be adversely affected by the decision of the court came up for consideration. ..... any proceeding under the 0ombay industrial relations act. ..... tersely put the question is if a law relating to regulating industrial relations between the employer and workmen provides for a sole bargaining agent such as the recognised union and simultaneously denies to the individual workman the right to appear or to be represented in any proceeding under the id act, 1947, would it contravene die fundamental freedoms guaranteed by ..... 1978)illj174sc , wherein this court observed that the legislature has clothed the representative union with exclusive right to appear or act on behalf of the employees in any proceeding under the bombay industrial relations act and has simultaneously deprived the individual employee r workman of the right to appear or act in any proceeding under the act where representative union enters appearance or acts as representative union of ..... (2) of section 114 and there was a further safeguard inasmuch as before making such a settlement, submission or award binding on all workmen, a reference to the industrial court for its opinion could .....
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)
..... 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 ..... section 17g provides that the provisions of bombay industrial relations act, 1946 would be applicable in case of trial of offences under this act ..... singh, learned senior counsel for the appellants that as per sections 3(13) and 3(14) of the bombay industrial relations act, all the employees are covered and any reduction from those employees has to be only after the notice ..... the question referred to the full bench was as under:in view of the statutory definition of the expression 'unprotected worker' in section 2(11) of the maharashtra mathadi, hamal ..... we will, therefore, proceed on the basis that the full bench had to decide the true scope of the term `unprotected worker' as defined in section 2(11) of the mathadi act and to point out as to who could be ..... are originally designed to fit social needs, develop into concepts, which then proceed to take on a life of their own to the detriment of legal ..... basis of these conflicting arguments that we have to proceed to decide the true interpretations of the section. .....
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. ..... , but which have not yet finally culminated into ultimate 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 ..... 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. .....
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