Court : Mumbai
Reported in : 1998(2)ALLMR609; 1998(2)BomCR148; [1998(79)FLR1]; (1999)IIILLJ1095Bom; 1998(1)MhLj568
..... the maharashtra general kamgar union, though is neither representative nor approved union under the bombay industrial relations act, 1946, filed a complaint of unfair labour practice under section 28 read with item 9 of schedule iv of the mrtu & pulp act against the employer company in the industrial court ..... was heard by the secretary, labour, industries, energy and labour department, government of maharashtra on 5-3-1994 and 23-3-1994 when the representatives were present on behalf of the ..... after giving our careful consideration to the facts and circumstances of the case the submissions made by the learned counsel for the parties, it appears to us that it is quite evident from the scheme of various subsections of section 25-o of the act that whenever an application for closure of an industrial unit is made by ah employer, the state government before whom such application is made is required to dispose of such application within ..... if the state government is permitted to pass order on the review application made against the first order when the right to make fresh application and to obtain an order has already accrued, any order on review to be enforceable must conform to the order passed or deemed ..... aggrieved party on account of improper or incorrect decision made by the state government on the application for permission to close, even during the period of one year when the decision of the state government remains operative the reviewapplication may be made by the party aggrieved. .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(2)BomCR16; (1987)89BOMLR120; [1987(54)FLR732]; 1987MhLJ191
..... bombay industrial relations act, 1946 and the maharashtra recognition of trade union and prevention of unfair labour practices act ..... 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, and (4) a decision which disposes of the whole matter by finding upon the facts in dispute and application of the law of the land to the facts so found, including where required a ..... in force; or (d-2) he holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than that of deputy registrar of any such industrial court or tribunal for not less than five years; or(d-3) he holds a degree in law of university established by law in any part of india and is holding or has held an office not lower in rank than that ..... section 9 of the bombay industrial relations act constitutes labour court for the purpose of deciding the disputes set out in section 78 of that act ..... comply with the provisions of article 234 when appointing judges the labour court. 7. ..... was it, when exercising appellate powers in regard to the refusal to transfer shares, a tribunal exercising judicial functions subject to the appellate jurisdiction ..... when the constitution spoke of courts, inter alia, in article 234 it contemplated the ..... when rights were infringed or invaded, the .....
Tag this Judgment!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 : Mumbai
Reported in : (1968)ILLJ800Bom
..... section 42(2) of the bombay industrial relations act, 1946, provides that an employee desiring a change in respect of an industrial matter must give a notice in the prescribed form to the employer who is to forward a copy of the same to the conciliator for the industry concerned for that local area ..... petitioner-company originally owned an agricultural estate of 1,135 acres of land on which sugarcane was cultivated by it, but after the maharashtra agricultural lands (ceiling on holdings) act, 1951, was passed, under the provisions of that act, a major part of the estate owned by the petitioner-company was taken over by the government and handed over to the maharashtra state farming corporation, leaving only 79 acres of agricultural land for the petitioner-company itself, as from 1 august, 1963. ..... is necessary to analyse the various ingredients of that note carefully for the purpose of deciding this question, and, when so analysed, the note should be read as follows : 'all service/employment connected with the conduct of 'the above industry' shall be deemed 'part of the industry' when engaged in that industry/by an employer engaged in that industry.' 16. ..... first instance, it entered into a long-term arrangement for seven years which was to be carried out by means of annual agreements to be executed each year, stating therein the area of cane cultivation on the lands, the date when the plantation was done, the quantum of cane planted and other details in regard to that particular year. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)BomCR338; (2005)ILLJ1145Bom
..... the question for consideration in this appeal is: 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 maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act) other than those specified in items 2 and 6 of schedule iv thereof8. ..... in these circumstances, it is difficult to accept the submission of the learned advocate for the respondents that only a representative union or a recognised union can file a complaint under the mrtu & pulp act irrespective of whether it is filed under items 2 and 6 of schedule ..... in such circumstances, it would, therefore, be difficult to hold that the non-representative union can not file a complaint on behalf of all the workers claiming wages under item 9 of schedule iv especially when the representative union which has exclusive right of appearance as stipulated under section 27a of the bir act does not enter an appearance.17. ..... the apex court while dealing with the submission made by the employer in shramik utkarsh sabha (supra) was concerned with a situation where two unions, the representative as well as the non-representative union, were contesting the ..... such circumstances, when the representative union does not exercise its rights in furtherance of the claim of the workmen, it is difficult to accept the submission of mr. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1992)ILLJ72AP
..... the question of recognition is governed by the guidelines in the 'code of discipline' voluntarily accepted by the employer and employees and will hold good unless replaced by any statute like the bombay industrial relations act, 1946 or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 or similar provisions in force in madhya pradesh, rajasthan etc. ..... their lordships then pointed out that initially provisions were incorporated in the bombay industrial relations act 1946, for conferring the status of a recognised union with a view to see that a workman who was not a member of such a recognised union did not suffer on account of his cause being not taken by the recognised union. ..... the bombay industrial relations act, 1946 which touched almost all aspects of industrial relations applied to specified industries. ..... after referring to the trade unions act, 1926, the report says that suggestions were made in some quarters to amend the trade unions act to provide for compulsory recognition on the lines of the bombay industrial relations act, 1946. ..... coming to the third point, it is necessary to refer to section 24 of the regional rural banks act, 1976, which reads as follows :- 'power of central government to give directions :- (1) a regional rural banks shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the central government may, .....
Tag this Judgment!Court : Mumbai
Reported in : [1991(63)FLR382]; (1992)ILLJ248Bom; 1991(1)MhLj318
..... on february 13, 1985, the rashtriya mills mazdoor sangh, a representative union for the local areas of the cotton textile industry in greater bombay, sent an approach notice under section 42(4) of the bombay industrial relations act, 1946, in respect of 1,654 employees, including the petitioners, on the basis that the management had illegally refused to assign work to the ..... which, therefore, arises for my consideration is as to whether the interim order dated august 26, 1986 (exhibit 'a' to the petition) passed by the labour court in the application under section 78 and 79 of the bombay industrial relations act, 1946, can be described as a settlement or an award. ..... interim order in an application under sections 78 and 79 of the bombay industrial relations act, 1946, cannot be viewed as an ..... , in the first instance, that the interim order passed by the labour court on application for interim relief in the application made under section 78 and 79 of the bombay industrial relations act, 1946, was a settlement. ..... , the interim order passed by the labour court in an application under sections 78 and 79 of the bombay industrial relations act cannot be viewed as a settlement. ..... several contentions in the main proceedings and in the proceedings before the commissioner of labour and also in response to the application under sections 78 and 79 of the bombay industrial act. ..... convinced by the above-referred submission of shri patel. ..... from the national textile corporation (south maharashtra) ltd. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR783; 2002(3)BomCR571; [2002(94)FLR560]
..... this petition challenges the order of the industrial court dated 15th december, 1998 declaring that the petitioner is not an 'employee' under the provisions of section 3(13) of the bombay industrial relations act, 1946 (hereinafter referred to as '1946 act').2. ..... bombay industrial relations act, 1946, the definition of 'employee' as contained in the bombay industrial relations act, 1946 would prevail. ..... the petitioner, therefore, filed a complaint under item 1(b) and (f) and item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the '1971 act') alleging that the first respondent had terminated his service in breach of the conditions of service applicable to him. ..... when one turns to the definition of 'employee' as contained in section 3(13) of the 1946 act, it is observed that skilled and unskilled workmen are contained in the inclusive part of the definition, whereas certain categories of workmen drawing more than rs. ..... in my view, these judgments have no application as the pleadings between the parties have to be strictly construed more so when the objection raised for ousting the jurisdiction of the court was only on a limited issue. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR517; 1998(2)BomCR52; [1998(79)FLR272]
..... same an appeal is made to the management and representatives of the union in the sugar industry that they should take steps to enter into agreements incorporating the decision given by the chairman of the committee and accepted by the state government after following the procedure laid down under the bombay industrial relations act, 1946, to which the sugar industry in the state of maharashtra is amenable. ..... the government labour officer and the 5 elected representatives of the employees gave a notice of change dated 5th january, 1979 under section 42(2) of the bombay industrial relations act, 1946, demanding permanency of employees, wage scales for permanent and temporary employees, implementation of the recommendations of the second central wage board and implementation ..... coming to the second submission of the petitioner to the effect that the labour court travelled beyond its jurisdiction under section 33-c(2), it has been held that the labour court has the power ..... be performed by the labour court when adjudicating an industrial dispute. ..... it is not the function of the labour court when exercising power under section 33-c(2) to adjudicate on the legality or otherwise of an agreement or settlement on the basis of which the wages are ..... impugned award shows that the said agreement has been entered into on the date when the employees of the petitioner were on strike. ..... the board on 10th june, 1997, when it was adjourned to 13th june. ..... when the petition came up for admission, operation of .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)IIILLJ367Bom; 1991(1)MhLj713
..... therein) made the necessary applications before the labour court under section 79 of the bombay industrial relations act, 1946, relying upon the same very notification i.e. ..... doshi that the cases interpreting section 3(13) of the bombay industrial relations act, 1946 cannot be useful for the purpose of interpreting and applying clauses (a), (b) or (d) of the said notification dated 30th may ..... section 122 of the bombay industrial relations act, 1946 provided that thebombay industrial disputes act, 1938 was repealed, subject to the saving clause ..... from 18th october, 1983 so as to attract section 3(13) of bombay industrial relations act, 1946 and other relevant provisions.3. ..... under section 42(4) of the bombay industrial relations act, 1946, calling upon the management to reinstate the petitioner with continuity of service and full back wages and other benefits with effect from 23rd january ..... dated 30th may, 1939 issued by the then government of bombay in exercise of powers conferred on it under the bombay industrial disputes act, 1938, and continued in force by the government of maharashtra after coming into force of tile abovereferred act of 1946. ..... have been cited by the learned counsel on either side and written submissions have also been filed by the counsel. ..... notification a note was appended clarifying that all services or emoluments connected with the conduct of the industry shall be deemed to be a part of the industry when engaged in or by an employer engaged in that industry. .....
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