Court : Supreme Court of India
Reported in : 1998IIAD(SC)20; AIR1998SC1233; [1999(82)FLR380]; (1998)2GLR1079; JT1998(1)SC604; (1998)ILLJ868SC; 1998(1)SCALE565; (1998)2SCC688; [1998]1SCR793
..... the bombay industrial relations act, as it originally stood, section 9 provided that no person shall be eligible to be appointed as a judge of the labour court unless he possessed the qualifications, other than the qualification of age, laid down under article 234 of the constitution for being eligible to enter the judicial service in the state of maharashtra. ..... between two or more parties and then involves four requisites :- (1) the presentation of their case by the parties; (2) ascertainment of facts by means of evidence adduced by the parties often with the assistance of argument; (3) if the dispute relates to a question of law, submission of legal, arguments by the parties; and (4) by decision which disposes of the whole matter by findings on fact and application of law to facts so found, judged by the same tests, a labour court would undoubtedly be a court in ..... the court said, 'did the framers of the constitution have this type of officers in mind when they provided a source of appointment to the high office of a judge of the high court from amongst the holders of a 'judicial ..... dwelt on the fact that the powers vested in it are similar to those exercised by civil courts under the code of civil procedure when trying a suit. ..... when the service is exclusively judicial, there is no reason to exclude such judicial service from that term under ..... when selection of such persons was challenged, this court was required to consider and interpret the provisions of articles 233 to 236 of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(4)AWC3567(SC); 2008(56)BLJR2023; [2008(118)FLR322]; JT2008(8)SC559; 2008(3)KLT33(SC); (2008)IIILLJ853SC; 2008(9)SCALE557; 2009(1)SLJ187(SC); 2008AIRSCW4279; 2008LABIC2621; 2008-III-LLJ-853; 2008(4)Supreme609
..... this court while dealing with and interpreting the provisions of articles 233, 234, 235, 236(a) and (b) and section 3(17) of general clauses act, bombay industrial relations act, 1946 and maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, held: (para 5 scc p. ..... between two or more parties and then involves four requisites :- (1) the presentation of their case by the parties; (2) ascertainment of facts by means of evidence adduced by the parties often with the assistance of argument; (3) if the dispute relates to a question of law, submission of legal, arguments by the parties; and (4) by decision which disposes of the whole matter by findings on fact and application of law to facts so found, judged by the same tests, a labour court would undoubtedly be a court in the ..... ' on this premise, the high court in paragraph 6 of its order observed as under:when the government admits that the duties, functions and scales of pay of the industrial tribunals are equal to that of district judges, i do not find any justification for not granting the interim relief of 15% granted to the judicial officers as per exhibit p4 to the ..... court dwelt on the fact that the powers vested in it are similar to those exercised by civil courts under the code of civil procedure when trying a suit. ..... however, when judicial officers were granted benefit of revision of pay scales in december, 2001 with retrospective effect from march, 1996, similar benefit was denied to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC269; [2004(101)FLR635]; JT2003(8)SC243; (2003)IIILLJ1156SC; (2004)1MLJ87(SC); (2003)10SCC455; 2004(86)SLJ64(SC); 2004(1)LC483(SC)
..... of the said provision makes it clear that no proceeding under the bombay industrial relations act, 1946 or the id act shall be entertained when proceedings in respect of any matter failing within the purview of the maharashtra act is already instituted. ..... act, bombay industrial relations act ..... the report of the committee on unfair labour practices which preceded the maharashtra act, while noticing the fact that the expression 'unfair labour practices' was being used in all fields and areas connected with industrial relations in a wider sense and loosely worded manner and not always to mean certain activities connected with collective bargaining, sought to enumerate the types of such practices as were illustrated during course of enquiries ..... and employees from engaging in any unfair labour practice and the existence of an undisputed or indisputable relationship of employer-employee is an essential pre-requisite for the labour or industrial court under the maharashtra act to entertain any proceedings in respect of any grievance under the said act, section 32 of the maharashtra act, it is urged is to be considered in the context of sections 26 and 27 read with the relevant-entries in the schedules, in these cases, particularly items 5, 6, 9 & 10 and in the absence of accepted or existing relationship ..... in view of the rival submissions it would be appropriate to take note of the conclusions arrived at by ..... , made leading submissions followed by shri ..... substance in the next submission of - mr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC834; JT1993(5)SC459; 1994LabIC70; (1994)ILLJ668SC; 1993(3)SCALE894; 1994Supp(1)SCC1; [1993]Supp2SCR540
..... act, unless the context otherwise requires -xxxx xxxx xxxx(i) 'workman' means a workman as defined in the industrial disputes act, 1947 (xiv of 1947) or an employee as defined in the bombay industrial relations act, 1946 ..... xxxxsection 2(i) gives the same meaning to the expression workman as defined in the industrial disputes act or an employee as defined in the bombay industrial relations act. ..... , filed a batch of writ petitions challenging the validity of a notification dated 9.10.92 issued by the industries, energy and labour department of the state government of maharashtra exercising the powers conferred by section 13 of the maharashtra workmen's minimum house-rent allowance act, 1983 ('act' for short). ..... gazette, and subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the order, direct that the provision of this act shall not apply to any specified factory or establishment or to any specified class of factories or establishments in any industry, if it is satisfied that it is just and proper so do to in the public interest or for any special reasons having regard to the more favourable conditions of employment ..... that was case arising under the maharashtra private security guards (regulation of employment and welfare) act, 1981 and section 23 empowers the government to grant exemption from the operation of the provisions of the act or any scheme thereunder in regard to all ..... submission ..... an interlocutory stage when the validity of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC311; [1985(50)FLR186]; (1985)ILLJ314SC; 1984(2)SCALE1000; 1984Supp(1)SCC663; [1985]2SCR492
..... 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. ..... as contribution to the union fund and this amount shall be paid to the union within 3 days of the payment of arrears by payee's a/c cheque.the non-recognised union the appellant apprehending that if and when settlement would be arrived at between the employer and the recognised union, there would be the usual clause for deduction from amounts payable to the workmen under th$ settlement for the benefit of the recognised union ..... is notorious that in some cases resorting to strike has by itself become an industry and the unions invest in the strike by sustaining morale of the workmen when during the strike the employer would deny wages. ..... faire ruled the roost the state would not interpose itself to protect the under- privileged and weaker partner in the industry and left the workmen to fend for themselves, the state concerning itself only with the problem of law and order when a conflict arose between the employer and the workmen. ..... however when a settlement is reached in a proceeding under the industrial disputes act in which a representation union has appeared, the same is to be binding on all the ..... (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 .....
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)
..... the 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 always ..... 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 of change is given. ..... our attention was also invited to section 44 of the bombay industrial relations act. ..... it is to be noted that when the bill came to be passed and received the assent of the vice president on 5.6.1969 and was first published in maharashtra government gazette extraordinary part iv on 13.6.2009, the aforementioned words were omitted. ..... dave, learned counsel appearing on behalf of the respondents raised various contentions.legal submissions on behalf of the respondentsa. ..... basically, the contentions raised by the parties are as follows:legal submissions on behalf of the appellantsa. .....
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. ..... when we keep in view the fact that as per section 7 of the maharashtra act, all the complaints pertaining to item 1 of schedule iv can be filed only before the labour court and no other compliant regarding unfair labour practice can be filed before the labour court, and once the labour court is given the powers in appropriate course of passing interim relief of restraining orders as per section 30(2) it would clearly indicate the legislative intention that complaints regarding the proposed dismissal ..... on any of the grounds covered by clauses (a) to (g) of item 1 of schedule iv, interim relief can be granted in connection with such practice complained of and would not mean that till the practice gets fructified and translated into final act of dismissal or discharge, the labour court cannot pass appropriate interim relief orders under section 30(2) as submitted in the written submissions.50. ..... the submission made in paragraph v(i) on the construction of the words 'is engaging in' as found in section 28 also cannot be countenanced for the simple reason that even in the said paragraph, it is mentioned that some of the unfair labour practices may be of continuing nature and for that purpose emphasis is placed on some of the ..... pai on behalf of the appellant as filed on 4.9.1995.most of the submissions contained therein are already dealt with by us in the earlier part of this judgment. .....
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) ..... . definition section 3 sub-section (18) lays down as under:'words and expressions used in this act and not defined therein, but defined in the bombay act, shall, in relation to an industry to which the provisions of the bombay act apply, have the meanings assigned to them by the bombay act; and in any other case, shall have the meanings assigned to them by the central act ..... . the labour court was patently in error when it look the view that because of the alternative remedy available to the workmen of filing a complaint about alleged unfair labour practice on the part of the management, they could not have resorted to a more drastic remedy of strike under the provisions of the maharashtra act ..... then followed the recitals which have been strongly pressed in service by the learned senior counsel for the appellant, in support of his submission, which in his view made the proposed strike illegal under the relevant provisions of section 24. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1867; 2008(3)ALLMR(SC)861; 2008(3)BomCR25; [2008(117)FLR891]; JT2008(4)SC211; (2008)IILLJ697SC; 2008(4)SCALE704; AIRSCW2618; 2008(2)Supreme760; (2008)13SCC441
..... section 59 makes it clear that if any proceeding is initiated under the the mrtu and pulp act, 1971, no proceeding shall be entertained by any authority in respect of those matters under the bombay industrial relations act, 1946 (bombay act) and industrial disputes act, 1947 (in short 'the ..... learned counsel pointed out that in the event we were to hold that it is only in clear cases or undisputed cases the labour court or the industrial tribunal under the act can examine the complaints made thereunder, the whole provision would be rendered otiose and in each of those cases provisions of the bombay industrial relations act, 1946 or the industrial disputes act will have to be invoked. ..... exercise, we are afraid, can also be done by the industrial tribunal under the bombay industrial relations act, 1946 or under the industrial disputes act. ..... -out; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes or according recognition to trade unions and for enforcing provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid; it is hereby enacted in the twenty-second year of the republic of india as follows:among the various definitions, we are concerned about ..... when there is no dispute about such relationship, as noted in para 9 of cipla case the maharashtra act would have full ..... on submission of the bills, the amounts are to be paid/reimbursed by the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1489; 2006(3)BomCR260; (2006)4CompLJ4(SC); JT2006(3)SC235; 2006(3)SCALE1; (2006)3SCC434; [2006]67SCL107(SC)
..... , rmms is the only representative and approved trade union under the bombay industrial relations act for greater bombay. ..... 536 of 1992 clearly shows that after hearing the concerned parties it has been noticed that the government of maharashtra although had not given clearance to sell the surplus lands of all the 13 mills in mumbai and 5 mills outside mumbai, as has been done in other states, agreed that with a view to compensate ..... writ petition was heard and the judgment was reserved on 14.9.2005, the writ petitioners only in their written submissions filed on 15.9.2005, raised a contention that the sales were contrary to bifr scheme as also orders of this ..... each one of the learned cousel appearing on behalf of the appellants had advanced lengthy submissions in regard to the irretrievable injuries caused to their respective clients by reason of delay and laches on the part of the writ petitioners in filing ..... the order of this court dated 11th may, 2005 reads as under:so far as transactions relating to seven mills belonging to the national textile corporation are concerned, including sale of jupiter mills, it is not in dispute that transactions have reached ..... even when the interlocutory application was being heard, no submission was made as regard violation of the bifr scheme or the aforementioned ..... to bifr in terms of section 16 of the act evidently was made for the ..... made by the state is neither ultra vires section 37 of the mrtp act nor is violative of the constitutional provisions. .....
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