Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 67 submission when revocable Page 1 of about 1,238 results (0.160 seconds)

Labour Law Practitioner's Association and Anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : [1979(39)FLR89]

..... under the industrial disputes act, 1947 and the bombay industrial relations act, 1946 and that under the industrial disputes act, labour courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second schedule of the act and for performing such work as may be assigned to them under the act. ..... that the amendments were carried out in the bombay industrial relations act and the industrial disputes act to facilitate the smooth working of those courts and appointments of those posts are not required to be made in consultation with the maharashtra public service commission or with the high court ..... the fact by means of evidence adduced by the parties to the dispute and often with the assistance of argument by or on behalf of the parties on the evidence; (3) if the dispute between them is a question of law, the submission of legal argument by the parties; (4) a decision which disposes of the whole matter by a finding upon the facts in dispute and application of the law of the land to the facts so found, including where required a ruling upon any ..... the provisions of sub-section (3) of section 11 enables the labour court when trying a suit to enforce the attendance of any person and examine him on oath; compel the production of documents and material objects; and issue ..... sub-section (3) of section 18 of the act makes the award passed by the labour court binding on all parties to the industrial dispute and all the workmen when the union .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : '123a. ..... a close perusal of these clauses would show that there was nothing therein to warrant the submission on behalf of the petitioner that the right, privilege, obligation or liability mentioned in clause (c) could arise, accrue or incur only on an employee or employer doing 'some kind of activity' in the shape of an application under s. ..... in that case, the petitioner workman was dismissed from service on 4 november, 1960 when the central provinces and berar industrial dispute settlement act, 1947, was in force. ..... 123a of the bombay act leaves no choice and lays down that when the rights accrue under the old act, a proceeding therefore 'shall be made, instituted or continued as if that act had not been repealed ..... for instance, if the bombay act were to say that there shall be no reinstatement when the central provinces act permitted reinstatement, or if the bombay act were to say that no back-wages or compensation were payable when the old central provinces act had provided for them, that kind of variance would amount to an inconsistency ..... that mean that there was a permissive provision in the act which would enable any conditional purchaser of portions of crown lands to acquire further lands on similar conditions, and this permissive provision would result in an accrued right only if and when the person chose to take advantage of that provision. .....

Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Ltd. and Others V ...

Court : Mumbai

Reported in : (1997)IIILLJ592Bom

..... soot girani and its board of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same. ..... 4 of 1988 under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act'). 2. ..... section 119a of the bombay industrial relations act does not really deal with 'civil contempt' as understood under the contempt of courts act, ..... there is no provision in the entire scheme of the bombay industrial relations act which empowers the labour court to punish for its 'contempt ..... the scheme of the bombay industrial relations act suggests that disobedience, however flagrant, of an order passed by the labour court does not constitute a contempt of court, though other remedies are available for dealing with such a ..... 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. ..... to report duty as per that arrangement, the petitioner is permitted to employ fresh temporary hands with a specific condition that their services shall be terminated, if necessary to accommodate the regular employee named in the shift list as and when he resumes duty.' 4. .....

Managing Dir., Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Lt ...

Court : Mumbai

Reported in : 1995(4)BomCR184; (1995)97BOMLR365

..... soot girani and its board of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same. ..... 4 of 1988 under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act'). 2. ..... section 119a of the bombay industrial relations act does not really deal with 'civil contempt' as understood under the contempt of courts act, 1971 ..... there is no provision in the entire scheme of the bombay industrial relations act which empowers the labour court to punish for its 'contempt ..... the scheme of the bombay industrial relations act suggests that disobedience, however flagrant, of an order passed by the labour court is not constituted a contempt of court, though other remedies are available for dealing with such a ..... 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. ..... to report duty as per that arrangement, the petitioner is permitted to employ fresh temporary hands with a specific condition that their services shall be terminated, if necessary to accommodate the regular employee named in the shift list as and when he resumes duty'. 4. .....

Pune District Central Co-operative Bank Ltd. Vs. Bank Karmachari Sangh ...

Court : Mumbai

Reported in : 2000(4)BomCR811

..... it is needless to mention that the petitioner bank is governed by the provisions of the bombay industrial relations act, 1946 and is also governed by the provisions of the maharashtra co-operative societies act, 1960.1 need not dwell on the point that both the statutes operate in separate fields and both have different object to be achieved. ..... the crucial and interesting issue to be decided by me is whether by framing separate and independent service rules de hors the certified standing orders or in addition to the certified standing orders without following the mandatory provisions under section 42(1) of the bombay industrial relations act, 1946 amounts to unfair labour practice as contemplated under item 9 of the act.2. ..... the basic philosophy of the act is 'industrial relations' between the employers and the employees. ..... (3) when no settlement is arrived at in any conciliator 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 sub-section (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 63. ..... he has discussed the submissions advanced on behalf of both the parties. .....

The Maharashtra State Co-operative Agricultural and Rural Development ...

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. ..... in fact, after such byelaws laying down the conditions of service are made and any person enters the employment of a society, those conditions of service will have to be treated as conditions accepted by the employee when entering the service and will thus bind him like conditions of service specifically forming part of the contract of service. ..... we are unable to accept the submission that the byelaws of a cooperative society framed in pursuance of the provisions of the act can be held to be law or to have the force of law ..... the submission is that the appellate court has concluded that the conditions of services between the employees and the bank is outside the scope of section 91 of the maharashtra cooperative societies act, 1960 (hereinafter referred to as section 91 of the 1960 act). ..... i have considered the submissions of the learned counsels. 14 ..... it is for this reason that i am turning down the submissions of mr. ..... considering the order that i would be passing, i am not required to advert to the entire submissions. .....

Navnath Siddhappa Koli Vs. Siddheshwar Sahakari Sakhar Karkhana Limite ...

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... the revisional jurisdiction of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record of ..... kulkarni relating to the jurisdiction of the industrial court under section 44 of the pulp act, it would be better to dispose of another point which he has with ..... section 44 of the pulp act before the industrial court at bombay ..... section 22 of the bihar act, the supreme court said, was not limited as that of the industrial court or labour court under section 334 of the industrial disputes act ..... was placed before it by both the parties and if in exercise of that jurisdiction the labour court came to a finding, then that finding was not as enable to any interference at the hands of the industrial court under section 44 of the pulp act. ..... theft had taken place at all or if it had been found that the theft had been committed when the petitioner was not on duty, when probably it could have been said that the allegation was patently false. ..... the labour court at solapur under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, hereinafter referred to for brevity's sake as the 'pulp act' . ..... accepted the submission of .....

Arvind Ramdas Valke Vs. Ispat Industries Ltd. and ors.

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... said section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... : (1979)iillj194sc to state that this was the only objection taken in the written statement and there was no ground that he does not satisfy the requirements of section 3(13) of the bombay industrial relations act, 1946. ..... in said paragraph 2, the employee has pleaded that the provisions of the bombay industrial relations act, 1946 as also provisions of industrial disputes act, 1947 are applicable to the industry. ..... act, 1971 covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... moreover, it appears that the industrial court heard the arguments even in relation to the status of employee under section 3(13) of the bombay industrial relations act, when it found that the shri valke himself has, in paragraph 2 of u.l.p. ..... he relied upon judgment in city and industrial development corporation of maharashtra v. r.m. ..... as against this, shri kumar, advocate for employer, contended that the contention of the employer before the industrial court was that the employee was not a workman under section 2(s) of the industrial disputes act as also under section 3(5) of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 i.e. m.r.t.u. & p.u.l.p. ..... he also relied upon the judgment of this court maharashtra state road transport corporation v. .....

Sahakari Bank Karmachari Sangh Vs. the District Deputy Registrar, Co ...

Court : Mumbai

Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118

..... so reserved shall be filled by selection made by the union or unions recognized under the bombay industrial relations act, 1946 (bom.xi of 1947) or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mah. ..... rejected this submission after observing that if the legislature intended to confine the application of the section only to the employees as defined by the bombay act, the legislature would have made a specific provision for incorporating the definition in the section. ..... the words 'representative union' cannot be interpreted to mean 'recognized union' by reference to mrtu & pulp act, when representative union is specifically defined in the bombay act. ..... admittedly, it was not operative when section 73bb was enacted and brought ..... the importance of choosing workers representatives by election when situation warranting election contemplated under section 73bb arises. ..... : air2004sc2341 in support of his submission that a statute cannot be interpreted in accordance with another statute more so when such statutes are not in pari ..... the affidavit further states that when there is a dispute between two unions, the seats reserved shall be filled by election by such employees from amongst themselves in the prescribed manner and, therefore, that decision was conveyed to the petitionerunion on ..... he submitted that when a term is specifically defined in a statute then for purposes of that statute that term cannot bear a meaning assigned to it in another .....

Ashrafinath R. Yadav and ors. Vs. National Textile Corporation and ors ...

Court : Mumbai

Reported in : 2002(3)BomCR352; (2002)1BOMLR115; [2002(92)FLR1109]; 2002(1)MhLj487

..... the respondents did not accede to the demand made by the petitioners to make them permanent, the petitioners filed an application under the provisions of bombay industrial relations act, 1946, complaining that the respondents had committed an illegal change claiming permanency. ..... appears that on 14th february 1995, the respondents, gave notice of change under the provisions of bombay industrial relations act for introduction of voluntary retirement scheme in some departments. ..... were superannuated and the posts have not been abolished, by following the procedure under bombay industrial relations act. ..... also urges that inany event the bar under section 59 will operate and the complaint is liable to be dismissed, in view of the fact that the petitioners had actually approached the labour court under the bombay industrial relations act.7. ..... an interim order was passed whereby the industrial court directing the respondents to provide regular work to the petitioners pending hearing and final disposal of the ..... in the result, i find that the industrial court has totally misdirected itself by coming to the conclusion that the petitioners were not entitled to ..... writ petition challenges the order of the industrial court dismissing a complaint filed by the petitioners under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... only 110 permanent employees were employed during the period of 1992 to 1993 when the complaint was filed. .....