Court : Mumbai
Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798
..... the question which was considered by the apex court was :'does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the mrtu & pulp act, 1971 other than those specified in items 2 & 6 of schedule iv thereof ? ..... act', in a complaint relating to unfair labour practices other than those specified by items 2 & 6 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as the 'mrtu & pulp act'.the division bench in paragraph 33 has observed that:'having given our fullest consideration to this submission, we are of view that sections 20 & 22 which confer rights on recognised and unrecognised union, respectively, are not determinative of the rights of unions to appear in complaints relating to unfair labour practices. ..... sub-section (1) of section 21 is as follows:'no employee in an undertaking to which the provisions of the central act for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceedings relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the recognised union:provided that, where there is no recognised union to appear, the employee may himself appear or act in any proceeding relating to any such unfair labour practices. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Mumbai
Reported in : (1997)IIILLJ592Bom
..... 4 of 1988 under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act'). 2. ..... the division bench held that, though the section is marginally headed 'contempt's of industrial or labour courts', the contents of section 48 are not restricted merely to matters relating to contempt and that so far 'contempt' is concerned, the provisions were to be found only in the latter part of sub-sections (5) to (8) of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... having come to the conclusion thal the petitioners had committed contempt of the labour court, the labour court proceeded tc convict them of an offence under section 12 ol the contempt of courts act, 1971 for commiting breach of the order of the labour court date april 12, 1988 and sentenced each of them to undergo simple imprisonment in civil prison for one month and to pay a fine of rs. ..... the question before the division bench was, whether a failure on the part of any person to comply with an order of the court under section 30(1)(b) or 30(2) of the maharashtra recognition of trade unions and prevention of unfair labour practices act would amount to 'contempt'. ..... the division bench held that the scheme of the first four sub-sections of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act shows that certain offences are created and penalties provided for them. .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(4)BomCR184; (1995)97BOMLR365
..... 4 of 1988 under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act'). 2. ..... the division bench held that, though the section is marginally headed 'contempt of industrial or labour courts', the contents of section 48 are not restricted merely to matters relating to contempt and that so far 'contempt' is concerned, the provisions were to be found only in the latter part of sub-sections (5) to (8) of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... having come to the conclusion that the petitioners had committed contempt of the labour court, the labour court proceeded to convict them of an offence under section 12 of the contempt of courts act, 1971 for committing breach of the order of the labour court dated 12-4-1988 and sentenced each of them to undergo simple imprisonment in civil prison for one month and to pay a fine of rs. ..... the question before the division bench was, whether a failure on the part of any person to comply with an order of the court under section 30(1)(b) or 30(2) of the maharashtra recognition of trade unions and prevention of unfair labour practices act would amount to 'contempt'. ..... the division bench held that the scheme of the first four sub-sections of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act shows that certain offences are created and penalties provided for them. .....
Tag this Judgment!Court : Mumbai
Reported in : (1994)ILLJ395Bom; 1994(1)MhLj776
..... it is nobody's case that there is any fault on the part of the respondents to implement any award or settlement which expressions are defined under the industrial disputes act, 1947 as well as the bombay industrial relations act, 1946. 19. ..... section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the act') before the learned industrial court, amraoti, they challenged their orders of termination on the ground that in terminating their services, the respondents have committed an unfair labour practice covered by items 5 and 9 of schedule iv of the act ..... direct the respondents not to discontinue the complainant from the present post in which he has been re-employed with effect from september 15, 1984 during the pendency of these proceedings and also finally and also grant the complainant the status, privileges and all other benefits applicable to permanent employees with retrospective effect'. 8. ..... the above judgment of the learned single judge is quoted by the supreme court in para 23 of its judgment in the above case and with reference to the same, the supreme court has held that it is not possible for it to accept as correct the ..... legal procedure although actually the settlements are arrived between the parties themselves with or without the intervention of the conciliation officer (see the definition of the expression 'settlement' under section 2 of the industrial disputes act, 1947 and the rules framed thereunder). 35. .....
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. .....
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 : Mumbai
Reported in : 2008(3)ALLMR1; 2008(2)BomCR497; (2008)110BOMLR805; 2008(4)MhLj125; 1996(72)FLR166
..... section 35 of the bombay industrial relations act, 1946, which provides for standing orders, which governing relationship between the employees and employer, reads as under:settlement of standing orders by commissioner of labour (1) within six weeks from the date of the application of this act to an industry, every employer therein shall submit for approval to the commissioner of labour in the prescribed manner draft standing orders regulating the relations between him and his employees with regard to the industrial matters ..... section 21 of the said act provides that an employee shall not be allowed to appear or act in proceedings relating to unfair labour practices specified in items 2 and 6 of ..... industrial court by filing several complaints of unfair labour practice under items 5, 6, 9 and 10 of schedule iv to maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the mrtu & pulp act ..... the facts, in the context of which these proceedings have arisen and about which there is not much ..... with this caveat, we would proceed to examine the rival contentions, painstakingly amplified ..... question of position of various workmen in the waiting list has already been agitated by appropriate proceedings before appropriate forum. ..... .it may be seen from the judgment that it is in fact not a bible for the concept of 'hire and fire', which some enterprising employers want their advocates to attempt to establish in judicial proceedings. 20. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC413; 1999(1)ALLMR(SC)645; [1999(81)FLR932]; JT1998(8)SC552; (1999)ILLJ416SC; 1998(6)SCALE519; (1999)2SCC143; [1998]Supp3SCR488
..... . in this connection, it is profitable to note that the phrase 'covered by the settlement' as found in the said clause of section 24 is not defined by the act nor it is defined by the bombay industrial relations act, 1946 or by the central act, namely, the industrial disputes act, 1947 ..... .'bombay act is defined as bombay industrial relations act by section 3 sub-section (1) and i the central act means industrial disputes act, 1947 as defined by section 3, sub-section (2) ..... the appellant company which is governed by the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'maharashtra act') filed an application under section 25 of the maharashtra act before the labour court, thane, seeking a declaration that respondent no. ..... the workmen therefore, want you to treat this letter to be treated as notice of strike and it may be noted that after the expiry of 14 days from the date of receipt of this letter hereof, the workmen will proceed on strike and the consequence in such circumstances flowing therefrom shall be your responsibility which please note.thanking you,yours faithfully,sd/-general secretary.the said letter was addressed by respondent no. ..... during negotiations a settlement was arrived at before the conciliation officer between the parties on 8th march, 1982. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)MhLj115
..... act' or the bombay industrial relations act (for short 'the bir act') as the case may be. ..... such an issue would have to be decided in a reference under section 10 of the industrial disputes act or in a proceeding under the bir act as the case may be.6. ..... in a case where the relationship was called in question, the industrial court would be required to consider the aspect whether the employer-employee relationship existed which could not be done under the ulp act and the jurisdiction vested only under section 10 of the industrial disputes act or the bir act as the case may be.8. ..... such dispute could only be decided in a reference under section 10 of the industrial disputes act (for short 'the i.d. ..... 1 afresh and held that as the industrial court exercising the powers under section 30 of the ulp act had no jurisdiction to entertain and try the dispute. ..... reversing the judgment of the high court the supreme court held that when the question as to whether the workmen concerned were the employees of the company was disputed and was not undisputable, a labour court or industrial court hearing the complaint under the ulp cannot decide the question whether the workmen were the employees of the company. ..... 1549 of 1991 filed under the maharashtra recognition of trade unions and unfair labour practices act (for short 'the ulp act') for want of jurisdiction.2. ..... maharashtra general kamgar union and ors. ..... maharashtra general kamgar union and ors. ..... maharashtra general kamgar union and ors. .....
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