Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 61 reference to industrial court by conciliator or proceeding Page 7 of about 150 results (0.030 seconds)

Nagpur District Central Co-operative Bank Vs. State of Maharashtra and ...

Court : Mumbai

Reported in : 1987(3)BomCR83; 1987MhLJ593

..... a short question which is raised in this patent appeal on behalf of the appellant is that unless an approach notice under section 42(4) of the bombay industrial relations act, 1946 (for short, 'the b.i.r. ..... industrial tribunal, bombay in which the similar provisions in relation to the definition of the expression 'workman' given in section 2(s) of the industrial disputes act, 1947 were considered.5. ..... it may be stated at this stage that as per section 3(5) of the act if the industry to which this act is applicable is governed by the b.i.r. ..... act the definition of the word 'employee' given in the said act and if the industry to which this act is applicable is governed by the industrial disputes act, 1947, the definition of the word 'workman' given in the said act would be applicable under this act. ..... i may usefully refer to the decision of the supreme court in the case of central provinces transport service ltd. v. ..... act the would not be an employee within the meaning of the said expression under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short, 'the act') also and his application, therefore, under the said act would not maintainable. ..... act is also mandatory for claiming the relief under the maharashtra recognition of trade union and prevention of unfair labour practices act. ..... and berar act') which was then applicable in the vidarbha region of the state of maharashtra. .....

Mrf United Workers Union Rep. by Its General Secretary Vs. Government ...

Court : Chennai

Reported in : (2009)IVLLJ685Mad

..... similarly, under the bombay industrial relations act, 1946, which applies to specific industries in maharashtra and gujarat, the recognition of the collective bargaining agent is on the basis of the larger membership arrived at on the basis of the verification ..... this submission was made during the conciliation proceedings.7. ..... the representative of the workmen on the works committee under section 3 of the act are to be elected in the manner provided under part vii of the industrial disputes (central) rules, 1951. ..... the industrial disputes act, 1947 has now introduced the concept of unfair labour practice and section 25-t of the act prohibits unfair labour practice on the part of the employers, workmen and also the trade union ..... it is, however, material to note that while referring to the requirement to foster respect for international law, the court referred to the international conventions and the norms, which is clear from paragraphs 7 & 14 of the aforesaid judgment ..... various unfair labour practices on the part of the employers and associations of employers mentioned in the first part of the fifth schedule of the act are clearly deprecated under the act and section 25-t of the act prohibits unfair labour practice and a penal provision is made under section 25-u of the act. ..... this union submits that the settlement deed dated 9th may, 2009 is a settlement under section 18(1) of the industrial disputes act, 1947 (in short 'the act'), which is binding only on the parties to the settlement. .....

Sangali Dist. Central Co-operative Bank Ltd. Vs. Tukaram Atmaram Jadha ...

Court : Mumbai

Reported in : (1997)IIILLJ1247Bom

..... section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as act ..... the order of the labour court was not vitiated for not framing the preliminary issue as to the validity of the domestic enquiry, the industrial court was of the view that the refusal of the petitioner-employer to permit the first respondent to be represented in the domestic enquiry by an authorised office-bearer of the general workers union was a contravention of the right under section 22(ii) of the mrtu & pulp act, 1971 and, therefore, ..... division bench clearly supports the proposition relied upon by the industrial court and, therefore, the industrial court was right in holding that the domestic enquiry held against the first respondent was contrary to the express provisions of the mrtu & pulp act, particularly section 22(ii) of the act. ..... of an application reserving leave to lead evidence on the merits of the charges in the written statement or contemporaneously therewith, the industrial court could have granted such liberty to the petitioner at the late stage when the appeal was beard before it. ..... curiously, the petitioner did not make any application, either in the written statement or otherwise contemporaneously, requesting the labour court to try the issue of legality and validity of the domestic enquiry as a preliminary issue, nor did the petitioner seek to reserve its right to lead evidence on the merits of the charges ..... under the maharashtra co-operative societies act, 1960. ..... proceeded .....

The Ichalkaranji Urban Co-operative Bank Ltd. Vs. Shri Vilas Hanmant A ...

Court : Mumbai

Reported in : 1998(1)BomCR704

..... standing order which have been attached with the writ petition shows that the standing order have been settled by the commissioner of labour under section 35(2) of the bombay industrial relations act, 1946 for employees in the co-operative banks mentioned in the schedule appended thereto. ..... order applicable to its employee, which have been duly certified by the commissioner of labour, bombay under section 35-c of the bombay industrial relations act, 1946. ..... court has acted as if a reference under section 10 of the industrial disputes act ..... by holding that the dispute in the case fell within the powers of the labour court under section 33-c(2) of the industrial disputes act and the labour court was right in holding that the workman was entitled to the special allowance. 8. ..... 's case, the supreme court has held that a proceeding under section 33-c(2) is a proceeding, generally, in the nature of an execution proceedings wherein the labour court calculates the amount of money due to a workman from his employer, or if the workman is entitled to any benefit which is capable of being computed in terms ofmoney, the labour court proceeds to compute the ..... it cannot arrogate to itself the functions - say of an industrial tribunal which alone is entitled to make adjudications in the nature of determinations (i) and (ii) referred to above, or proceed to compute the benefit by dubbing the former as 'incidental' to ..... operative bank registered under the maharashtra cooperative societies act, 1960. .....

Chhotabhai Jethabhai Patel Vs. Industrial Court, Nagpur

Court : Mumbai

Reported in : 1967MhLJ40

..... already pointed out that the amendments effected in the bombay industrial relations act, 1946, by maharashtra act 22 of 1965 were largely made to bring out a uniform piece of legislation for adjudication and settlement of industrial disputes in the whole of the state of maharashtra. ..... 78 of the bombay industrial relations act, 1946, and with reference to this paragraph and other changes ..... no settlement is arrived at in any conciliation 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 (2), no fresh notice with regard to the same change or a change similar in all material particular shall be given before the expiry of two months from the date of the completion of the proceeding within the meaning of s. 63. ..... date of the order, or (b) the order was in contravention of any law, (c) the order was otherwise improper, and (d) the order was others as illegal, in any of the above cases there was no power in the labour court to give relief unless it could be shown that the order was referable to standing orders, or was purported to have been passed under the standing orders. ..... 78(1)a(a)(i) refers to disputes regarding propriety or legality of an order passed by an employer acting or purporting to act under standing orders, the ambit of enquiry and the power to grant relief, invested in the labour court under the ..... a reference was made to a division bench decision of this court in lalbhai tricumlal .....

The Mumbai Taximen's Union and Another Vs. State of Maharashtra Throug ...

Court : Mumbai

..... that perusal of the provisions of section 28(1a) would reveal that the dispute had to be referred to the industrial court constituted under the bombay industrial relations act, 1946 for decision. ..... (4) no civil court shall entertain any suit or other proceeding in relation to the dispute referred to the industrial court as aforesaid and if any suit for proceedings is pending in any such court, the civil court, shall, on receipt of an intimation from the industrial court that it is seized of the question, cease to exercise ..... in the said case, the question which fell for consideration before the division bench was whether section 23 of the maharashtra private security guards (regulation of employment and welfare) scheme, 2002 which provides for exemption is ..... it is obvious that section 28(1a) which has been inserted by way of maharashtra amendment act seeks to achieve a twofold purpose; firstly to ensure that there is a remedy available to a member of the registered trade union to voice his grievances in respect of three categories of cases mentioned in section 28(1a) before the industrial court and the industrial court, if it is satisfied is armed with the powers to give suitable ..... by incorporating the provisions of obtaining consent from the registrar, the state of maharashtra has sought to introduce a filter to ensure that frivolous cases and complaints are not filed before the industrial court and, therefore, summary scrutiny by the registrar is envisaged by the said provision .....

R.A. Yadav and ors. Vs. Special Steels Ltd. and anr.

Court : Mumbai

Reported in : 2003(3)BomCR96; [2003(97)FLR542]

..... in the said judgment, the division bench was dealing with the powers of superintendence over labour court by the industrial court under section 85 of the bombay industrial relations act, 1947 wherein the division bench has clearly held that said jurisdiction can be exercised only when there are errors apparent on the face of the record but the industrial court cannot interfere with the findings of facts recorded by the labour court. ..... the industrial court had allowed the revision application and had set aside the order dated 28-6-1995 passed by the iii labour court, thane in a complaint under the maharashtra recognition of trade union & prevention of unfair labour practices act, 1971 (hereinafter referred to as, 'the act, 1971') and the industrial court has held that the petitioners herein are not workmen within the meaning of section 2(s) of the industrial disputes act, 1947 (hereinafter referred to as, 'the act, 1947') and also within the meaning of section 3(5) of the act, 1971 ..... with regard to the first submission regarding the scope of the industrial court's power to interfere in revision under section 44 of the act, 1971, shri naidu, the learned counsel for the petitioners first strongly referred to and relied upon a judgment of the division bench of our high court in vithal gatlu marathe v. m.s.r.t.c. ..... the industrial court, maharashtra nagpur bench, nagpur & others, 1970 l. i. c. .....

Balmer Lawrie Workers' Union, Bombay and Anr. Vs. Balmer Lawrie and Co ...

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 .....

Reliance Energy Limited Vs. Rashtrawadi Kamgar Sangh and ors.

Court : Mumbai

Reported in : (2009)IILLJ708Bom

..... by the provisions of the bombay industrial relations act, 1946 (for short, 'the bir act'). ..... between the contractor and the principal employer is a sine qua non for invoking sections 3(13) and 3(14) of the bir act and since the contract had come to an end by efflux of time, there was no statutory relationship of employer employee between the appellant company and the said employees and hence the complaint was not tenable, the industrial court observed that on the date of filing of the complaint the contract was ..... if the complaint fails to disclose the jurisdictional fact that the 'work being ordinarily part of the undertaking' in relation to the work which was entrusted to the workman of the contractor, the workman must first get established the employer-employee relationship by adopting appropriate proceedings before the appropriate forum under the bir act and it is only after status of the workman or employee is established in appropriate forum that a complaint would ..... maharashtra sugar mills limited, (supra), the industrial dispute between the maharashtra sugar mills and its employees including the seasonal and contract labour was referred under section 13 of the bir act to the industrial ..... not have been given by the industrial court in these proceedings. ..... behalf of the complainant union that it shall not proceed with 1 the criminal complaint filed before the labour court till the revisions are decided. ..... case, we cannot fault the labour court for haying proceeded with the matter. .....

Mumbai District Co-operative Bank Ltd. Vs. Co-operative Bank Employees ...

Court : Mumbai

..... the impugned order of the labour court was passed on an interim application under section 119 (d) of bombay industrial relations act, 1946 (hereinafter referred to as "bir act") filed by the respondent-union seeking an order to restrain respondent-bank from hiring the services of one m/s synergy safe climber and property solution pvt. ..... of recruitment; (ix) that nabard has also stated in the directives that the co-operative banks can outsource the persons for maintenance and security only, in order to keep the management costs under control; (x) the government of maharashtra vide its letter dated 6-01-2010 to the district banks directed banks not to make any interim recruitment until such time the staffing pattern is finalized; (xi) the objection with regard employer-employee relationship was ..... to be performed including that by the data operators; (v) the agreement also clearly provides about the termination of the agreement without any obligation and therefore there is no question of making the service provider a party to the present proceeding; (vi) based on the agreement signed with the service provider, the bank had issued circulars dated 08-09-2011 and 21-09-2011 informing all concerned about the deployment of 88 persons by the service provider specifying their names ..... he shall send a copy of such notice to the chief conciliator, the conciliator for the industry concerned for the local area, the registrar, the labour officer and such other person as may be prescribed. .....