Court : Mumbai
Reported in : 2001(3)ALLMR666; [2001(91)FLR127]; (2002)IVLLJ975Bom
..... had, therefore, raised a preliminary issue contending that the petitioner was not an employee as per the definition of sub-section 13 of section 3 of the bombay industrial relations act, 1946 and on that count the labour court did not have jurisdiction to entertain the application.2. ..... of the petitioner clearly indicates the nature of his duties and responsibilities and that supports the contention of the bank that he was not an employee as defined under sub-section (13) of section 3 of the bombay industrial relations act, 1946.9. ..... the learned counsel for the petitioner has argued that the question as to whether the present case is governed by the provisions of sub-section (13) of section 3 of the bombay industrial relations act or not is to be considered not from the designation of the post which he is holding but from the nature of the work he is ..... however, the person working in the cadre of manager, assistant manager, chief officer and chief executive officer, ware not covered under the said references obviously because they did not come within the definition of the employee as given in sub-section (13) of section 3 of the said act and, therefore, the board of directors of the bank separately fixed the salaries of the officers of these four categories as indicated on page 78 ..... further indicates that he had to entertain correspondence with co-operative department of the state of maharashtra, agricultural department of the state of maharashtra, reserve bank of india and apex bank. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)ALLMR372; 2006(4)BomCR21; [2006(111)FLR253]; 2006(5)MhLj277
..... the rival contentions give rise to the spinal issue as to whether in an industry covered by bombay industrial relation act, 1946 (bir act for short), the employees can resort to a strike in support of their charter of demand without complying with the provisions of the bir act and, whether compliance of the provisions of the mrtu & pulp act would absolve the employees from giving a notice under bir act. ..... 44b provides that if a settlement is arrived at within two months from the date of completion of any conciliation proceedings and, of course, this has reference to conciliation proceedings which followed as a matter of course upon notice of change being given such settlement is deemed to be an agreement for the purpose of section 44 and can similarly be registered and section 45 provides that a registered agreement which includes a registered settlement shall come into operation on the date specified therein or if no date is so specified on its being recorded by the ..... dated 15.1.1996 and 17.1.1996 respectively passed by the industrial court, solapur; one rejecting contention of the employer that the strike resorted to by the respondents-employees of the petitioner bank was illegal and by another order holding that the petitioner-employer bank has committed unfair labour practice under item 8 of schedule iv of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (mrtu & pulp act for short) by recruiting employees during the period .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR201; 2003(4)MhLj619
..... 1 is theiremployer within the meaning of the said expression under section 3(14) of thebombay industrial relations act, 1946, hereinafter called as 'the bir act', andthereby has acted illegally in dismissing the complaint. ..... irrespective of the same, it is also to be noted that in the said case the apex court had takennote of the fact that prior to the institution of the proceedings which were thesubject-matter of the decision of the apex court, there were proceedings betweenthe parties thereto and therein the industrial court had held that the workmenwere entitled for continuity in service in the same canteen irrespective of thechange of the contractor, and the said decision was never challenged by ..... the bombay industrial relations act, and ifsuccessful therein to seek remedy under the said act thereafter ..... has either been specified by the state government in terms of section 46 ofthe factories act, 1948 r/w rule 79 of the maharashtra factories rules, 1963,that there is any notification, either pleaded or placed on record in that regard,either before the industrial court along with the complaint or in this court alongwith the present petition. ..... issue as to the jurisdiction of the industrial court or the labourcourt to entertain a complaint under the said act has been conclusively decidedby the above referred decisions irrespective of the fact whether the employer-employee relationship arises either in terms of the provisions of the industrialdisputes act, 1947 or the bir act. .....
Tag this Judgment!Court : Mumbai
Reported in : [1989(59)FLR172]; (1990)ILLJ316Bom
..... as the question of law as to the interpretation of section 40a of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act') is involved in these writ petitions, they are heard together and are being disposed of by this common judgment.2. ..... the complaints were finally disposed of by a common judgment by the learned member of the industrial court on october 20, 1982 holding that there was amendment to the model standing order on october 16, 1981 by the government of maharashtra which was applicable to the workmen of the petitioner which was not implemented by the petitioner at the time of suspension of the two first respondents in both the petitions and, therefore, the petitioner committed unfair labour ..... doshi, learned advocate appearing on behalf of the petitioner, urged that the industrial court in all the three matters committed grave legal error in coming to the conclusion that the provisions of section 40a of the act would automatically apply to the workmen concerned in all the three writ petitions merely because the 1981 amended model standing order was more advantageous to the employees of the petitioner. ..... gir-1477/2397 (iii) lab 9, l dated october 16, 1981, the labour department of the government of maharashtra amended and notified model standing orders under sub-section (5) of section 35 of the act introducing therein clause 24, sub-clause 5a, whereby provision was made for paying subsistence allowance to a suspended workman pending enquiry. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)ALLMR424; 2000(4)BomCR226; (2000)2BOMLR639; [2000(86)FLR760]; (2000)IILLJ716Bom; 2000(4)MhLj246
..... proceedings are initiated under the provisions of this act, then no proceedings can be initiated under the industrial disputes act, 1947 or bombay industrial relations act, ..... if there was no demand, then the definition of the lock out within the meaning of the bombay industrial relations act would not be satisfied and therefore there could not be said to be a lock out as contemplated ..... i do not propose to refer to them considering as to what has already been set out.i may also point out that the industrial court has accepted the evidence led on behalf of ..... occasion to differentiate the view taken by a division bench of this court in maharashtra general kamgar union v. ..... are the same as given in the notice of suspension.i may also at this stage refer to the exhibit u-76, the prospectus issued by the company dated 6th march, 1995. ..... counsel contends that there was no reference to the provisions of section 24(2) of the m.r.t.u. & ..... as per the prospectus of setting up the khopoli unit was to reduce the work force of the petitioners plant at saki-naka and transfer the plant and machineries to khopoli.having said so, reference may now be made to the judgment of pendse, j. ..... with the contentions, it would be advisable to refer to the notice of suspension and lock out. ..... apart from that section 59 would be ..... reference is then made to gherao ..... be so and more so considering section 32 of the m.r.t.u. & p.u.l.p ..... if section 24(2) is considered as also the nature of the enquiry that can be gone into under the .....
Tag this Judgment!Court : Mumbai
Reported in : (1995)IIILLJ263Bom
..... 2, kamgar utkarsha sabha, a recognised and an approved trade union under relevant provisions of the bombay industrial relations act, hereinafter referred to as 'the b.i.r. ..... 1 company is a unit in woollen textile industry in the local area of thane municipal corporation and is governed by the provisions of the bombay industrial relations act, 1946 that is, b.i.r. ..... simultaneously, they have also impugned the interim orders passed by the learned industrial court on 23rd january, 1991 in the said complaint proceedings, under provisions of sub-clause (2) of section 30 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as 'the act no. ..... .....21(2) notwithstanding anything contained in the 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. ..... but simply because such power has been specifically conferred no inference can be drawn that in proceedings other than those relating to unfair labour practices specified in items 2 and 6 of schedule iv, the representative union cannot represent the employees. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : [1991(63)FLR382]; (1992)ILLJ248Bom; 1991(1)MhLj318
..... therefore, arises for my consideration is as to whether the interim order dated august 26, 1986 (exhibit 'a' to the petition) passed by the labour court in the application under section 78 and 79 of the bombay industrial relations act, 1946, can be described as a settlement or an award. ..... first instance, that the interim order passed by the labour court on application for interim relief in the application made under section 78 and 79 of the bombay industrial relations act, 1946, was a settlement. ..... on february 13, 1985, the rashtriya mills mazdoor sangh, a representative union for the local areas of the cotton textile industry in greater bombay, sent an approach notice under section 42(4) of the bombay industrial relations act, 1946, in respect of 1,654 employees, including the petitioners, on the basis that the management had illegally refused to assign ..... the appropriate government for the recovery of money due to him, and if the appropriate government is satisfied that any money is due, it shall issue a certificate for that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue : provided that every such application shall be made within one year from the date on which the money became due to the ..... , rashtriya mills mazdoor sangh filed an application under sections 78 and 79 of the above-referred act against the management and applied for interim relief. ..... national textile corporation (south maharashtra) ltd. ..... south maharashtra) ltd .....
Tag this Judgment!Court : Mumbai
Reported in : (1997)IILLJ1097Bom; 1996(1)MhLj505
..... out of these 165 workmen, around 142 workmen initiated proceedings under the bombay industrial relations act, 1946. ..... the retrenchment orders/notices were challenged under section 78 of the bombay industrial relations act. ..... 2 it was held that the workmen had not led positive and reliable evidence about the compliance of section 42(4) of the bombay industrial relations act. ..... these workmen challenged the action of the respondent in applications under sections 78 and 79 read with section 42(4) of the bombay industrial relations act, 1946. ..... ' these observations indicate that the industrial court opined that as the plea covered by section 25h of the act was raised, adjudicated nq upon and finally decided and, as the plea was finally decided, the decision in the earlier proceedings operates as resjudicata in the instant proceedings. 5. ..... the petitioner, maharashtra general kamgar union, which is espousing the cause of the workmen who had been unsuccessful before the labour court, industrial court, single judge of this court and division bench of this court, filed complaint (ulp) no. ..... (ii) the parties will file their respective rejoinders and thereafter the industrial court will dispose of the matter expeditiously but not later than december 31, 1996.1f, in any event the industrial court is unable to decide the matter, reference in this behalf has to be made to this court. .....
Tag this Judgment!Court : Mumbai
Reported in : (2002)104BOMLR230
..... of 1997 on 17.9.1998 in exercise of its appellate jurisdiction of the bombay industrial relations act, 1946.2. ..... the petitioner being aggrieved by the said order of the industrial court have filed the present petition under article 226 of the constitution of ..... is aggrieved by the judgment and order of the industrial court, maharashtra at mumbai passed in appeal (ic) no. ..... the industrial court agreed with the view of the labour court and dismissed the ..... 1.9.1995 to 16 30.9.1995____________________________________________________________________________________________from the above past record i cannot agree with the orders passed by both the courts below that the punishment of dismissal imposed by the petitioners undertaking was shockingly disproportionate. ..... carried this matter in appeal before the industrial court. ..... these circumstances i quash and set aside the impugned orders passed by the courts below and i confirm the order of dismissal passed by the petitioner undertaking ..... are a statutory authority constituted under the provisions of the mumbai municipal corporation act, 1888 and is engaged in public utility services of supplying electricity and transport facility to the citizens of mumbai through its bombay electric supply and transport undertaking. ..... act by approaching the labour court under section 79 read with sections 78 and 42(4) of the act questioning the legality and validity of the order of dismissal and praying for reinstatement with full back wages and continuity of .....
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