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. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... industrial court u/s 44 were held to be akin to its jurisdiction u/s 85 of the bombay industrial relations act (now maharashtra industrial relations ..... the industrial court under section 85 of the bombay industrial relations act ..... . 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 ..... , has made a statement on instructions that the criminal complaint filed by the respondents before the labour court was with regard to the disobedience of the petitioners of the direction of the industrial court to give work to the respondents whenever available and that the labour court would not be having the jurisdiction to go into whether the work was available or not, in a criminal complaint u/s ..... stage of the trial if he considers the charge to be groundless, but that does not mean that the accused cannot approach the high court under section 482 of the code or article 227 of the constitution to have the proceeding quashed against him when the complaint does not make out any case against him and still he must undergo the agony of a criminal trial ..... substance in the first submission which has been urged on behalf of the petitioner : under section 44 of the mrtu and pulp act, 1971 the industrial court has been ..... . therefore, submission of shri prabhakaran that the writ ..... submission .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he submits that the bombay industrial relations act, 1946, has been extended to sugar industry on 4-10-1952 and the petitioners have got necessary certificate of registration as trade unions to represent the ..... of 2006 published in maharashtra government gazette on 17-4-2006 (exhibit "a") is unenforceable and cannot be acted upon since it is not a law nor it is having force of law and the same is liable to be quashed and set aside; (e) pending hearing and final disposal of this petition, the respondents be restrained by way of injunction not to proceed further with the applications if received for grant of land under section 281-aa from the ex-lessors, in pursuance of the maharashtra act no. ..... when decision to return land taken in 2001 and affirmed by maharashtra amendment act ..... in view of this, sub-section 1 of section 28 ceases to apply when land is given to a farming ..... has pointed out that period of 90 days initially granted expired when there was no restraining order or stay by any court of law ..... thus, this provision was very much in existence when hon'ble apex court delivered its judgment in the case of godavari sugar mills ltd. vs. ..... 2007 has submitted that members of petitioner unions are on land since long before the year 1961 when 1961 act came to be applied to it. ..... he points out that earlier when question of return of land was being looked into in 1975, there was a ceiling on income of ..... that reference to 3500 casuals by petitioners is misconceived when viewed in this background. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... before the industrial court through the representative union under the bombay industrial relations act (respondent ..... for the 1st respondent, points out that, on an earlier occasion, on a complaint made by a union by name, general labour union, for the same reliefs, before the industrial court, wherein identical ad-interim relief had been given and that the said complaint came to be dismissed following the law laid down by the supreme court in shramik utkarsha sabha v ..... repetition, it may be pointed out that the regulations governing the procedure and practice of the industrial courts are framed in exercise of the delegated statutory powers vested in the industrial court under section 33 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 and such regulations validly framed, have statutory force and are required to be mandatorily followed by the industrial courts as governing the practice and procedure before it. ..... the industrial court shall post the matter for hearing on exhibit u-10 on 13.8.2015 and if required even on 14.8.2015 and the learned advocates shall conclude their submissions latest ..... for me to further delve into this aspect of the matter, since i am acceding to the request of the learned counsel for the petitioners that liberty be given to the petitioners to challenge the order as and when the learned judge is pleased to make the reasons therefore available to them. ..... i have considered the submissions of shri dankh, shri .....
Tag this Judgment!Court : Mumbai Aurangabad
..... bombay industrial relations act, and if successful therein to seek remedy under the said act ..... be contended that mere denial of status of the complainant as that of employee by the opponent, cannot non-suit the employees and such denial would not oust the jurisdiction to the industrial court to ascertain the fact situation by framing issues and asking the parties to lead evidence in mat regard, and to decide the same, possibly by summary manner. ..... has, inter alia, held that while deciding the question of maintainability of the complaint under mrtu and pulp act, the industrial court is bound to frame an issue as a preliminary issue on that count and after framing the preliminary issue ..... would be passing hereunder, i am not adverting to their entire submissions since it would result in making certain observations on the merits of the matter, when i am inclined to remand complaint ulp no.35/1999 and 46/1999 to the industrial court, ahmednagar. 3. ..... in that decision the question was whether in view of section 10 of the contract labour (regulation and abolition) act, 1970 the employees of contractors stood automatically absorbed in the ..... of buildtech constructions, lokmat (supra), hindustan coca cola (supra) and maharashtra state power generation (supra) has laid down the law that a mere denial of employer-employee relationship in the written statement is not enough to oust the jurisdiction of the labour court or the industrial court. ..... maharashtra state ..... maharashtra general kamgar union and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, [or a representative union registered as such under the bombay industrial relations act, 1946], or any inspector under this act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3): [and in case of death of the employed person, it shall be lawful for his legal representative to make an application ..... this position, in our opinion, is equally applicable where the assets of the company have been sold in execution of the recovery certificate obtained by the bank or financial institution against the debtor company when it was not in liquidation but before the proceeds realized from such sale could be fully and finally disbursed, the company had gone into liquidation. ..... before i advert to the submissions canvassed by learned counsel for respective parties, it would be appropriate to refer to the relevant provisions. ..... the apex court in a case of bank of maharashtra vs. ..... the learned counsel relies on the judgment of the apex court in a case of bank of maharashtra vs. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... with prayer to quash relief granted in relation to demand 1,2 & 4.the reference was made by state of maharashtra under s.12(5) of the industrial disputes act,1947 ie ida hereafter. ..... of its members merely because they have been working for bro for a considerable period of time cannot be granted in light of several decisions of this court, wherein it has been consistently held that casual employment terminates when the same is discontinued, and merely because a temporary or casual worker has been engaged beyond the period of his employment, he would not be entitled to be absorbed in regular service or made permanent, if the ..... were then placed before the division bench and on 13/9/2010, the division bench after noting the submission of respective counsel for parties ordered that as per chapter xvii rule 18 clause 9 of the bombay high court appellate side rules,1960 matters needed to be heard by the single judge of this court ..... umadevi (3)1 does not denude the industrial and labour courts of their statutory power under section 30 read with section 32 of the mrtu and pulp act to order permanency of the workers who have been victims of unfair labour practice on the part of the employer under item 6 of schedule iv where the posts on which they ..... umadevi (3)1 cannot be held to have overridden the powers of the industrial and labour courts in passing appropriate order under section 30 of the mrtu and pulp act, once unfair labour practice on the part of the employer under item 6 of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is prayed that subsection (4) to section 3 of the bombay provincial municipal corporations act, 1949 and proviso to subclause (d) of subsection (1) to section 6 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965, (hereinafter referred to as,?the municipal councils act? ..... as far as the present case is concerned, what is relevant is the amendment to the subsection (4) of section 3 of the maharashtra municipal corporations act, by which, a proviso has been inserted and which states that, where the population of any urban area in respect of which there is an existing council constituted under the provisions of the maharashtra municipal councils nagar panchayats and industrial townships act, as per the latest census figures has exceeded 3 lakhs, the state government may, for the purposes ..... in support of this submission, shri talekar relies upon the judgment of the honourable supreme court, in the matter of state of maharashtra and others vs. ..... thus, only to enable to publish a notification under section 3 in relation to an existing municipal council and when the urban area for which it is constituted, has a population in terms of the latest census figures exceeding 3 lakhs, that the said proviso has been added. 45 ..... the submission on which these findings are based appears to be attractive but on a little probe and tested in the correct perspective the fallacy in the submission is exposed. 29 ..... with this submission we do not agree ..... in his submission. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 2(15) of the maharashtra regional and town planning act, 1966 defines the term 'local authority' incorporating 'nagar panchayat' therein since 2000 on amendment, thus; "(15) "local authority" means (a) the bombay municipal corporation constituted under the bombay municipal corporation act, or the nagpur municipal corporation act, 1948, or any municipal corporation constituted under the bombay municipal corporation act, 1949, [(b) a council and a nagar panchayat constituted under the maharashtra municipal councils, nagar panchayats and industrial township act ..... no.3, the learned counsel leading arguments for respondents, counters aforesaid submissions on behalf of the petitioners submitting that seventy fourth amendment ..... section 341-b of the municipalities act provides for constitution and elections to nagar panchayat of seventeen directly elected councillors by dividing the transitional area into territorial constituencies, to be known as wards and that the provisions of section 10 of the municipalities act relating to reservation to scheduled castes, scheduled tribes, the backward class of citizens and women and section 51(1a) relating ..... (3) notwithstanding anything contained in the forgoing provisions of this section nothing in this act shall apply when a government servant is nominated as a councillor of a municipal council for a municipal area specified in part ii or part iii of schedule i to the maharashtra municipalities act, 1965, or to any person who holds the office .....
Tag this Judgment!Court : Mumbai Aurangabad
..... there is no industrial dispute under the central act (id act) or the bombay industrial relations act, 1946, pending before the industrial tribunal, which concerns all the members of the said union. ..... is not correct to say that even though where the order of discharge or dismissal is inoperative for contravention of the mandatory conditions contained in the proviso or where the approval is refused, a workman should still make a complaint under section 33a and that the order of dismissal or discharge becomes invalid or void only when it is set aside under section 33aand that till such time he should suffer misery of unemployment in spite of statutory protection given to him by the proviso ..... with all consequential benefits is concerned, i am afraid, the said submission does not stand the test of law. ..... is only coincidental that the union is taking the lead along with the 43 workers in espousing their individual cause as is provided for under section 21 and 22 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ("the act of 1971 ?). 19. ..... in so far as the vehement submission of shri sangeet that if the approval applications are rejected or held to be untenable or are held to be unnecessarily filed, the petitioner / workmen would stand reinstated ..... i have considered the submissions of the learned advocates as have been recorded herein above. ..... nos.13 and 14 of the jaipur zilla judgment (supra) is a clear answer to the submissions of shri sangeet. .....
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