Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 67 submission when revocable Page 3 of about 1,238 results (0.208 seconds)

Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR366; 2009(1)BomCR179

..... the enactments repealed by the said act;(iii) the orders passed under the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971(iv) the orders passed under the industrial disputes act, 1948;(v) the orders made in applications under the bombay industrial relations act, 1946;(vi) the orders passed under the maharashtra restoration of lands to scheduled tribes act, 1974 (act xiv of 1975)(vii) the orders passed under the maharashtra co-operative societies act, 1960;(viii) the orders passed under ..... question of appointing some other person in place of the suspended or removed trustee would arise only if the trustee against whom such action is taken is the sole trustee or when there are more than one trustees and upon removing more than one trustee the remaining trustees, according to the instrument of trust, cannot function or administer the trust without the ..... in cases of such a serious nature, if the charity commissioner issues notice prior to the passing of the order under sub-sections (3) or (4) of section 41-d, then obviously, the trustees who are mismanaging the trust would have an opportunity to do away with the trust property and the purpose of ..... this submission is founded on the purport of rule 636 of the bombay high court (original side) rules read with rule 1, 4 and rule 18 of chapter 17 of the bombay high court (appellate ..... having considered the rival submissions at length, i shall now proceed to first deal with the preliminary objection raised by the .....

State of Kerala Vs. B. Renjith Kumar and ors.

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 .....

Forbes and Co Ltd and anr. Vs. the Official Liquidator of the Swadeshi ...

Court : Mumbai

..... therefore, the memorandum of understanding with rashtriya mill mazdoor sangh ought not be held to be conclusive and decisive of all claims and dues of the workers.15 ms.cox submits that once the company is in liquidation, then, the bombay industrial relations act, 1946 or the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971, are inapplicable. ..... appeal preferred against the said order by rashtriya mill mazdoor sangh, a registered trade union the bombay industrial relations act, 1946 and also the representative and authorized union of the company before the appellate authority for industrial and financial reconstruction (aaifr) was also dismissed vide its order dated 14th may 2001. ..... there is always a scope for diversification and in the present circumstances when in the city of mumbai, no textile manufacturing business is feasible or practicable that the applicants prayed that this application be allowed.11 mr.tulzapurkar, learned senior counsel appearing on behalf of the applicants invites my attention to section 466(1) of the companies act, 1956 and submits that, the provision vests the company court with a discretion to permanently stay the winding up. ..... letters have been already sent to the workers for submission of further documentary proof/evidence to prove their individual claim. ..... 30 in my view, what the submissions canvassed by mr.tulzapurkar overlook is, that a company is not a enterprise only of the shareholders. .....

Rajya Pariwahan Yantrik Kamgar Sanghatana Vs. Regional Manager, Mahara ...

Court : Mumbai

Reported in : 1990(1)BomCR467

..... besides this, there is no recognised union either under bombay industrial relations act or under the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... these workshops are, therefore, governed by the bombay industrial relations act and it is, therefore, obligatory on the part of the respondent to give notice under section 42 of the bombay industrial relations act before bringing a change as laid down in the impugned circular.the corporation has principally engaged to render public passenger transport service. ..... it is held that the provisions of bombay industrial relations act have no application to the corporation. ..... the proviso of the bombay industrial relations act have therefore, no application to the workshops of the corporation.5. mr. ..... 641 made a submission that the government by notification dated 2-5-1967 has exempted an industry engaged in conduct and maintenance of public passenger transport services by omnibus form the provisions of the bombay industrial relations act according to mr. ..... moreover, the government by notification dated 8-5-1957 by exercising power under section 13-b of the industrial employment (standing orders) act 1946, notified the regulations in that behalf. ..... calling upon the employees to work for 8 hours instead of 5 hours on tuesday particularly when it does not exceed the maximum limit, cannot even otherwise be treated as variation in condition of service. .....

Mumbai Girni Kamgar Union Vs. Mumbai Textile Mills (Ntc) and Others

Court : Mumbai

Reported in : [1992(65)FLR601]; (1993)ILLJ430Bom

..... not require any notice under section 42(4) of the bombay industrial relations act, 1946. ..... that the petitioner-union not being a representative union under the bombay industrial relations act, 1946 or recognised union under the act, was not entitled to maintain the complaint under the act. ..... issued by the respondents on march 17, 1992 was for the avowed purpose of 'modernisation' and that such a modernisation cannot be effected under the provisions of bombay industrial relations act, 1976 without a notice under section 42 thereof. ..... the petitioner had filed a complaint under section 28 read with 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 act') against the respondents, inter alia challenging, as an unfair labour practice, a tender notice dated march 17, 1992, ..... , i am on agreement with the view of the industrial court that, as on the date of the complaint there being no outstanding amount due to any workman or employee represented by the petitioner, the case of 'failure to implement award, settlement or agreement' within the meaning of item 9 of schedule iv of the act was not made out. ..... secondly, the industrial court has held that there was no case of unfair labour practice within the meaning of item 9 of schedule iv of the act made in-as-much as it was not disputed that not a single paisa was outstanding as on the date of complaint to any of the employees represented by .....

Kanak Industries Vs. General Labour Union (Red Flag), a Trade Union, R ...

Court : Mumbai

Reported in : 2007(2)ALLMR477; 2007(5)BomCR286

..... in the first part the section imposes a bar on any authority entertaining proceedings under the central act (the industrial disputes act, 1947) or the bombay act (the bombay industrial relations act, 1946). ..... of any of the matters covered by the notice of lock-out; (c) during the period when a submission in respect of any of the matters covered by the notice of lock-out is registered under section 66 of the bombay act, before such submission is lawfully revoked; (d) where an industrial dispute in respect of matter covered by the notice of lock-out has been referred to the arbitration of a labour court or the industrial court voluntarily under sub-section (6) of section 58 or section 71 of the bombay act, during the arbitration proceeding or before the date on which the arbitration proceeding ..... supreme court observed thus: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 .....

Glaxo Smith Kline Pharmaceuticals Ltd. Vs. Abhay Raj JaIn and anr.

Court : Mumbai

Reported in : 2008(6)BomCR602; (2009)IILLJ337Bom

..... tricumlal's case (supra) the division bench of this court clearly ruled that when the bombay industrial relations act does not deal with the cause of action, nor does it indicate what factors will confer jurisdiction upon the labour court, but applying the well-known test of jurisdiction a court or tribunal will have to entertain the matter when the parties reside within its jurisdiction or if the subject-matter of the ..... that regard was, therefore, set aside while holding that the relationship of employer and employee with reference to a commercial establishment in tamil nadu is a pre-requisite for preferring an appeal under section 41(2) of the tamil nadu shops and establishments act and that when a person is employed to work in the goa establishment of the company, it must be held that he is employed wholly in connection with the business of goa establishment and merely because ..... considered on the basis of the averments in the complaint and if the complaint on the face of it reveals that part of the cause of action has arisen within the territorial limits of the state of maharashtra, the industrial court at mumbai would have jurisdiction to entertain complaint under the m.r.t.u. ..... labour practice might take place beyond the territory of state of maharashtra but the origin of such effect lies in the state of maharashtra at mumbai and once that is disclosed in the complaint, it cannot be said that the industrial court at mumbai has no jurisdiction to entertain and deal with such .....

Universal Ferro and Allied Chemicals Limited Vs. Member, Industrial Co ...

Court : Mumbai

Reported in : 2002(3)ALLMR191; 2002(3)BomCR650; [2002(94)FLR554]

..... & 3 have no right whatsoever to file a complaint under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, because such a complaint can only be filed by a representative union in view of section 21(2) of the said act, read with section 30 of the bombay industrial relations act, 1946. ..... do full justice in this case which has been made time bound, it would be proper to give a direction that the issues be framed within two weeks from the date of receipt of the writ of this court by the industrial court, nagpur, and that the trial of this case be taken up immediately thereafter and concluded with urgency and haste so that there is no violation of the time limit imposed by this court in its order dated 2.4.2001.12. ..... paras of the aforesaid judgments, can be said to lay down the following proposition :(a) it is better that tribunals, particularly those entrusted with a task of adjudicating labour disputes where delay may lead to misery and jeopardises industrial peace, should decide all issues in dispute at the same time without trying some of them as preliminary issues. ..... it is better that tribunals, particularly those entrusted with the task of adjudicating labour disputes where delay may lead to misery and jeopardises industrial peace, should decide all issues in dispute at the same time without trying some of them as preliminary issues. ..... there was a time when it was thought prudent and wise policy to decide preliminary issues .....

Co-operative Bank Employees' Union and Ors. Vs. State of Maharashtra a ...

Court : Mumbai

Reported in : [2004(101)FLR88]; (2004)IILLJ519Bom

..... whether an employee as defined under section 3(13) of the bombay industrial relations act, 1946 (for short bir act) alone would be eligible to be selected and nominated as employee-director under the provisions of section 73-bb of the maharashtra co-operative societies act, 1960 (for short 'the act') is the short question which falls for determination in this petition under articles ..... before the industrial court, kolhapur under section 28 read with items 5, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for ..... are required to be filled up by selection made by the recognised union or unions and where there is no union at all or where there is a dispute in relation to such issues including whether a union is recognised or not, then the seats so reserved shall be filled by an election by such employees from amongst themselves in ..... reserved shall be filled by selection made by the recognised union or unions and where there is no union at all or where there is a dispute in relation to such issues including whether a union is recognised or not, then the seats so reserved shall be filled by an election by such employees from amongst themselves ..... accept the submission of the bank we would be in fact rewriting section 73-bb, altering the tenor and purport of the section, as plain language of the section does not even remotely suggest that only employees defined in sub-section (3) of section 13 of the bir act would be .....

Rajya Parivhan Yantrik Kamgar Sanghatana Through Its Regional Secretar ...

Court : Mumbai

Reported in : 2010(1)MhLj948

..... 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 (m.r.t.u. ..... pertained to the question about a representative union in an industry governed by the bombay industrial relations act and not to an industry to which the provisions of the industrial disputes act apply. ..... there is a recognised union for any undertaking,:(a) that union alone shall have the right to appoint its nominees to represent workmen on the works committee constituted under section 3 of the central act;(b) no employee shall be allowed to appear or act or be allowed to be represented in any proceedings under the central act (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee is under consideration), except through the recognised union; ..... act applies to file or prosecute a complaint under the mrtu & 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 ..... in this case, there was no recognized union when the complaints were filed. .....