Court : Mumbai Nagpur
..... to the complainants but giving the same to the respondents violating golden rule of the seniority, the employer _ respondent no.1 bank effected the 'change' in the condition of service without following the provisions of section 42 of the bombay industrial relations act, 1946. ..... the original complainants filed complaints (ulp) nos.121/2006, 125/2006, 126/2006 under section 28 r/w item nos.5 and 9 of schedule iv the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short _ the mrtu and pulp act, 1971) claiming that respondent nos.2 to 5 in the complaints filed by them were promoted from the post of peon to the post of clerk by respondent no.1 - chandrapur district central cooperative ..... from the reading of the complaint, written reply of denial and the documents on record and from the submissions made before him, to my mind, the industrial court should have framed following specific issues before deciding the complaints. ..... if such be the duties and functions of the industrial tribunal or the labour court, any party appearing before it must make a claim or demur the claim of the other side and when there is a burden upon it to prove or establish the fact so as to invite a decision in its favour, it ..... an issue arises when material proposition of fact or law is affirmed by one party and denied ..... but when there is a likelihood of surprise being sprung to a party due to failure to adduce material evidence for absence of pleading and issue the .....
Tag this Judgment!Court : Mumbai Nagpur
..... as per the provisions of section 3(18) of the act of 1971, the words and expressions used in the act of 1971 and not defined therein or in the bombay industrial relations act, 1946 shall have the meanings assigned to them by the act of 1947. ..... it was held therein that an interim order passed on an application under sections 78 and 79 of the bombay industrial relations act, 1946 could not be termed either as a settlement or award for the purposes of invoking the provisions of section 33c(1) of the act of 1947. ..... if the relevant provisions of act of 1947 in that context are noted, it can be seen that section 2(b) defines award to mean an interim or final determination of any industrial dispute or of any question relating thereto by any labour court, industrial tribunal or national industrial tribunal. ..... in support of his submissions the learned counsel placed reliance upon the judgments of learned single judge in 1997 ii clr 1146 divisional controller, maharashtra state road transport corporation, akola v. ..... it was therefore submitted that the industrial court erred in not dismissing the complaint especially when it had no jurisdiction to entertain the same. 5. ..... such preliminary objection can be entertained especially when the same is based on a plain interpretation of the relevant provisions without there being any disputed questions. .....
Tag this Judgment!Court : Mumbai Nagpur
..... that though central government is appropriate government for respondent no.6, as deduction under bombay labour welfare act still continues, bombay industrial relations act, 1946 continues to apply and hence, to that extent, there is statute, which regulates grant of status as representative union in state of maharashtra. ..... that the bombay industrial relations act, 1946 and the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 are such statutes in state of maharashtra. ..... measure of deduction towards welfare fund being carried under bombay welfare labour act is continuing, that would not mean that provisions of bombay industrial relations act, 1946 apply to respondent no.6. 12. ..... that provisions of section 2(a) of industrial disputes act, 1947 defining appropriate government are very clear and as such, provisions of bombay industrial disputes act, 1946 or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 cannot apply ..... as provisions of section 2(a) of industrial disputes act, 1947 are very clear, central government being appropriate government, provisions of bombay industrial relations act, 1946 do not apply ..... state of maharashtra, there is no statute, which regulates recognition of unions in industries like respondent ..... pillai for petitioner submits that as in state of maharashtra, there is a statute, which regulates recognition of unions, the code of discipline under which that exercise has been .....
Tag this Judgment!Court : Mumbai Nagpur
..... the respondents thereafter approached the learned industrial court with a grievance that by transferring the employees from the quality control department, the appellant has committed an illegal change, as notice of change under section 42(1) of the bombay industrial relations act, 1946 (for short, the bir act ) was not given. ..... cited supra, the apex court was considering provisions of section 9a of the industrial disputes act, 1947. ..... rule is made absolute in writ petition no.446 of 2006 setting aside judgment and order passed by the learned industrial court in complaint (ulp) no.245 of 2004 to the effect it partly allows the complaint. 17. ..... insofar as judgment of the division bench of this court in the case of cooperative bank employees union cited supra is concerned, no doubt that the division bench has held that where an employer intends any change in respect of an industrial matter specified in schedule ii of bir act, the question of prejudice to an employee is not relevant. ..... both the parties again make it clear that the payment of rs.200/- out of special basic pay payable from 01/05/2002 as described in appendix1 will be payable to the workers only when the concerned workers will follow and achieve the production standard shown in appendix 3, 4 and 5 annexed hereto. 21. ..... the establishment of the appellant is situated at midc (maharashtra industrial development corporation) area, buritibori, nagpur. ..... bahadur and others reported at (1981) scc 315 in support of his submissions. .....
Tag this Judgment!Court : Mumbai Nagpur
..... when the said enactment was brought into force, there were only two enactments in force providing machinery for investigation and settlement of industrial disputes one was the bombay industrial relations act, 1946, which is a state legislation; and the other was the industrial disputes act, 1947, which is a central legislation. ..... a comparative study of the industrial disputes act, bombay industrial relations act on one hand and the payment of bonus act on the other hand reveals that (i) section 2(k) of the industrial disputes act defines an industrial dispute? ..... , as defined under section 2(g) and section 2(s) of the said act respectively; (ii)section 3(17) of the bombay industrial relations act defines an industrial dispute? ..... in the complaint (ulp) no.102 of 2009 filed by the elected representatives under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the mrtu and pulp act? ..... his submission is that the employer may decide to reduce his profits to declare the maximum bonus so as to provide an incentive to the employees to increase the production activities, to motivate them, or even to maintain good relations and industrial peace. ..... it is his submission that the allocable surplus is linked with the payment of bonus so far as the rights of employees are concerned and not with the discretion of an employer to declare the percentage of bonus irrespective of the allocable surplus available .....
Tag this Judgment!Court : Mumbai Nagpur
..... petitioner is an industry engaged in manufacturing of gas cylinders at kalmeshwar, district nagpur and the provisions of the bombay industrial relations act, 1946 are applicable and not chapter v-b of the industrial disputes act, 1947. 4. ..... when declaration of lay-off in view of item 9, schedule iv of mrtu and pulp act, 1971 was held to be illegal, consequently the employees/respondents herein were rightly held entitled for full wages during the period of lay-off by the learned industrial ..... where lay-off satisfies the tests laid down under section 2 (kkk) of the industrial disputes act, it is not open for the tribunal to inquire whether the employer could have avoided lay-off if he had been more ..... thus, the industrial court can interfere only when the malafides are ..... herein committed the unfair labour practice while resorting to lay-off and not paying wages (vide item 9 schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... that being so, when by reply it is contended that the action on the part of the petitioner/employer was mala fide and without justification and when the real reason for lay-off was suppressed from the employees by the employer while declaring the lay-off, the employer cannot avoid the liability of payment of ..... in other words, when mala fides are alleged by the respondents and such mala fides appear clear from the documentary evidence on record, the employer would not be able to avoid liability for payment .....
Tag this Judgment!Court : Mumbai Nagpur
..... was filed by the elected representatives of the employees under the bombay industrial relations act, 1946. ..... to be held that the employer has right to withdraw the overtime work even unilaterally and such action on the part of the employer does not amount to change, requiring a notice under section 42 of the bombay industrial relations act. ..... also been held that the employment of the new recruits on temporary basis for getting the extra work done, amounts to change in the service conditions and hence, the notice of change under section 42 of the bombay industrial relations act was required to be given to the employees and failure to give such notice, vitiates the change. ..... the industrial court has, therefore, committed an error in holding that there was a breach of settlement violative of item 9 of schedule iv of the said act, or even for that matter, the provision of section 33 of the industrial disputes act was also not attracted, requiring the permission of ..... it was a complaint invoking item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 on the ground that the petitioner-employer was engaged in unfair labour practice by recruiting new employees and taking overtime work from the ..... evidence to establish that out of 350 employees, 24 employees were either terminated or had resigned and hence the temporary hands for 3 to 4 days in a week were engaged to carry out the extra work as and when the requirement was found. .....
Tag this Judgment!Court : Mumbai Nagpur
..... and berar act came to be repealed and the provisions of the bombay industrial relations act, 1946 (for short "bir act") were made applicable to the paper industry in vidarbha region ..... act applies, but a matter relating to an industry governed by the bombay industrial relations act. ..... learned senior counsel submits that on 23.04.1946 the industrial employment (standing orders) act, 1946 (hereinafter referred to as "the central act) was made applicable to the industrial establishment of the appellant under the provisions of section 2-a of the central act. ..... the facts in brief giving rise to the present appeal are as under:- respondent no.1 which is undisputedly an unrecognized union filed a complaint being complaint ulp no.1286 of 1987 under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as "mrtu and pulp act) under item nos. ..... act applies to file or prosecute a complaint under the mrtu and pulp act, we have ourselves perused the statutory scheme and we find ourselves in agreement with the submission that the law laid down in raymond case was not in respect of a matter arising in an industry where the i.d ..... complainants crave leave of the hon'ble court to refer and produce the wage-slip of the permanent workmen when produced." 31. ..... when the matter was listed before the learned single judge on 15.12.2008, it was sought to be contended on behalf of the employer that it has got its own standing orders .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 3 (13) of bombay industrial relations act, 1946 defines employee as under:"employee" means any person employed to do any skilled or unskilled work for hire or reward in any industry, and includes(a) a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of subclause (e) of clause (14);(b) a person who has been dismissed, discharged or retrenched or whose services have been terminated from employment on account of any dispute relating to change in respect of which notice is given or an application made under section 42 whether ..... 6500/ per month and hence, he did not go out of definition of employee as given in section 3 (13) of bombay industrial relations act, 1947; hereinafter referred to as bir act. ..... act was enacted to provide for the regulation of the relation of employers and employees in certain matters and to consolidate and amend the law in relation to the settlement of industrial disputes ..... (2005) 12 scc 433 (oswal petrochemicals vs government of maharashtra) only follows settled law and does not advance the stand of petitioner. ..... legislature has made managerial, administrative, supervisory or technical work relevant only when it forms primary duty of such person and it is coupled with further requirement of excluding allowances. ..... submission is to construe phrase "basic pay" in the light of definition of "wages" and to add the allowances or reimbursement or concession falling in its inclusive portion. .....
Tag this Judgment!Court : Mumbai Nagpur
..... no notice of change was given as required by the section 42 of the bombay industrial relations act, 1946.? 16. ..... nos.299 of 2012, 903 of 2005, 2985 of 2002, 3118 of 2004, 3119 of 2004, 3120 of 2004, 3502 of 2001, 3531 of 2004, 3592 of 2004, 5902 of 2002 and 5954 of 2004, challenging the decision of the industrial court setting aside the order of reinstatement with continuity in service and full back wages; whereas, the corporation has preferred writ petitions nos.67 of 2006, 1023 of 2002, 1024 of 2002, 1025 of 2002, 1026 of 2002 ..... separate complaints were filed by all these employees under section 28 read with item i of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, which were allowed by the labour court, nagpur, by its separate judgments and orders, granting a declaration that the termination of all these complainants amounts to such unfair labour practice and the direction ..... it is their further submission that both the courts below have recorded the finding of fact, after taking into consideration the evidence available on record, that there is a functional integrality between the dye house and the other departments ..... prevented the corporation to follow the provision of subsection (1) of section 25-n when it decided to follow the provisions of section 25-f of the industrial disputes act. ..... when the demand for handloom cloth started reducing and the cost of production went on increasing, the corporation started facing .....
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