Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 67 submission when revocable Page 9 of about 1,238 results (0.218 seconds)

Jagdish Balwantrao Abhyankar and Others Vs. State of Maharashtra and O ...

Court : Mumbai

Reported in : AIR1994Bom141; (1993)95BOMLR337; 1993(1)MhLj958

..... if the employee elects to avail of the remedy under the bombay industrial relations act, he will have a right of appeal against the order of the labour court to industrial court under section 84 of the said act. ..... it held that as laid down thetwo articles operate in a different field andwith a different purpose although in a givencase the result to he achieved may be identical.therefore, when on facts the dispute orgrievance can be adjudicated mainly underarticle 227, then it would not be either just orfair, to treat the proceedings under article226, so as to enable a party a remedy of appealunder clause 15. ..... 90/88 arises from the judgment of the single judge in a writ petition whereunder the orders passed by the ceiling authorities under the maharashtra agricultural lands (ceiling on holdings) act, 1961 are challenged. ..... act or the employee may avail of the other remedy by straightway filing a complaint seeking a declaration that the management have indulged in unfair labour practice under the maharashtra recognition of trade unions and prevention of unfair labour practices act, once the employee elects one of the two remedies, the consequences would be that the other remedy would be barred. ..... however, if the employee elects the remedy of filing a complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act, he has the right of revision only under the powers of superintendence of the industrial court under section 44 of the said act. .....

National Textile Corporation (Maharashtra North) Ltd. and ors. Vs. S.M ...

Court : Mumbai

Reported in : 2000(2)ALLMR376; (2000)IIILLJ555Bom

..... the bombay industrial relations act, 1946, governs the relationship between the employers and the employees engaged in this cotton textile industry. ..... thus, the learned judge took the view that apart from the fact that the objective circumstances must exist, employer must comply with whatever are the necessary statutory requirements like section 25-p of the industrial disputes act, 1947 and thereafter when it comes to actual implementation at that stage a person who has completed the age of 60 years will have to be retrenched first in preference to younger men.7. ..... in his submission, therefore, the workman could not be extended beyond 60 years of age and the industrial court could not have allowed the complaint.59. ..... these petitions are filed either by the textile mill/company or by the employees concerned challenging the orders passed by the industrial court constituted under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act, for short) on the complaints filed by these employees against these mill companies invoking items 1, 5, 9 and 10 of schedule iv of the said act. ..... as far as third part of this submission is concerned, the learned judge noted that the phrase 'when retrenchment becomes necessary' does not refer merely to the subjective satisfaction of the management, regarding the need for retrenchment; nor does it refer merely to a settlement or agreement for retrenchment which may be arrived at between the .....

Co-operative Bank Employees' Union Vs. Bharat Co-operative Bank Ltd. a ...

Court : Mumbai

Reported in : [2005(106)FLR52]

..... establishments in more than one state.we then have the bombay industrial relations act, 1946 which thereafter shall be referred to as the state act of which section 2(3) reads as under:in the areas in which the bombay industrial disputes act, 1938 was in force immediately before the commencement of this act, this act shall apply to the industries to which the said act applied:provided that this act shall cease to apply with effect from the date on which the bombay industrial relations (amendment) act, 1949, comes into force, to the imperial bank ..... of india and any banking company as defined in section 5 of the banking companies act, 1949, having branches or other establishments in more than one state.there is yet another legislation known as maharashtra recognition of trade unions ..... , the apex court noted the following passage:the rule is that when a subsequent act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then the earlier act must thereafter be read anal construed (except where that would lead to a repugnancy inconsistency or absurdity) as it the altered words had been written into the earlier act with pen and ink and the old words scored out so that .....

Municipal Corporation of Greater Mumbai and Another Vs. Municipal Mazd ...

Court : Mumbai

..... declaration of strike as illegal dealing with the provisions of bombay industrial relation act 1946 and mrtu and pulp act. ..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing ..... regular and constant annual payment and basically around the festival season, though not part of so called service conditions, still remained to be a regular future without any interruption or break, when both the parties through negotiations and/or after agreement, provided and/or accepted the particular amount annually, therefore, to say that the employees of petitioners have no right to claim such amount, ..... i am not inclined to accept this submission for the simple reason that the petitioners corporation cannot extend their case for the first time in the court, even by leading the evidence and making related submissions to treat the strike being illegal strike and/or deemed illegal strike and thereby concluded that the employees who participated in the ..... the word strike , therefore, cannot be extended to cover the submissions which they are making for the first time in the court, .....

Shaukat Adam Malim Vs. Kokan Mercantile Co-operative Bank Ltd., Mumbai ...

Court : Mumbai

Reported in : [2003(96)FLR221]; 2002(1)MhLj760

..... now, it is a well settled principle of law that the question as to whether a person is an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 has to be determined with reference to the principal nature of the duties and functions performed by the person engaged. ..... takes action against its employee on the footing that he is covered by the model standing orders (thereby implying that the employee is a 'workman' within the meaning of the act), then such employer must be estopped from denying the said fact when a dispute regarding the dismissal of the employee finally lands up before an industrial adjudicator .......the show cause notices and chargesheet pointed out to me cannot be ignored and due weightage will have to be given to them. ..... this leads to a rather unsatisfactory state of affairs where the submission which has been urged on behalf of the petitioner has not been considered by the revisional court and necessary material which ought to have been elucidated in the course of the evidence before the labour court ..... the petitioner was appointed as an accounts clerk by the first respondent which is a co-operative bank registered under the maharashtra co-operative societies act, 1960. ..... the action of the bank was challenged by the petitioner in a complaint under section 28 read with items 1(b), (d) (f) and (g) of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ('m.r.t.u. .....

Asiatic Oxygen and Acetylene Co. Ltd. Vs. Industrial Court of Maharash ...

Court : Mumbai

Reported in : (2001)IIILLJ529Bom

..... section 1(4) of the said act clearly provides that nothing in this -act shall apply to any industry to which provisions of chapter vii of the bombay industrial relations act, 1946, apply, and as it is not disputed that the industry of the petitioner is governed by the provisions of the bombay -industrial relations act, 1946 and the standing orders framed thereunder, the learned industrial court has erred in relying upon the industrial employment (standing orders) act, 1946, in order to come to a finding that the petitioner/employer lacks power of transfer in respect of his employees being governed under the ..... the petitioner/employer impugns the order dated august 3, 1998 passed by the learned member of the industrial court, nagpur, on an application under section 30(2) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, in complaint (ulp) no. ..... he requested for extending the benefits available under the standing orders, the petitioner/employer was annoyed by the said representation and effected his transfer from nagpur (kamptee) to chandrapur depot, during the period when he was on medical leave. .....

Ramesh Daji Jadhav Vs. National Textile Corporation (Maharashtra North ...

Court : Mumbai

Reported in : 2004(1)ALLMR732; 2004(1)BomCR4

..... 1985 on which date the appellant had sent an approach letter under section 42(4) of the bombay industrial relations act (for short, hereinafter referred to as 'bir act'). ..... appellant, therefore, filed an application before the labour court under section 78 of the bombay industrial relations act. ..... a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof ..... in maharashtra tubes (supra), the apex court considered whether the state financial corporation can take recourse to sections 29 and 31 of the state financial corporations act not withstanding the bar of section 22 of the sica when an industrial concern makes any default in repayment of any loan or advance or any instalment thereof or otherwise fails to meet its obligations under the terms of the agreement with the financial ..... we are unimpressed with the submission of the learned counsel for respondent ..... therefore, the submission is unsustainable ..... this submission is made too late in the day in view of the fact that the order .....

Bharat Co-operative Bank (Mumbai) Ltd. and Anr. Vs. Co-operative Bank ...

Court : Mumbai

Reported in : 2005(3)BomCR713; [2006(106)FLR85]; (2005)IILLJ1010Bom; 2005(2)MhLj906

..... at the hearing of the appeal, the issue of applicability of the bombay industrial relations act, 1946 was not pressed before us in view of the decision of this court in co-operative bank employees union v. ..... except as otherwise hereinafter provided, this act shall apply to the industries to which the bombay industrial relations act, 1946, bom. ..... 769 of 2002 under section 28 read with item 5 of schedule ii and items 3, 5, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'm.r.t.u. ..... it was not part of the br act when the id act was amended and section 2(bb) was inserted. ..... this section when enacted adopted the definition of 'motor vehicle' contained section 2(18) of the motor vehicles act, 1939. ..... magistrate, thana : 1952crilj1503 when the court observed :'the rule is that when a subsequent act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then the earlier act must thereafter be read and construed (except where that would lead to a repugnancy, inconsistency or absurdity) as if the altered words had been written into the earlier act with pen and ink and the old words scored out so that thereafter there is no need .....

Rastriya Sakhar Kamgar Union through It's General Secretary, Anandrao ...

Court : Mumbai

Reported in : 2008(3)ALLMR223; 2008(3)BomCR567; (2008)110BOMLR784; 2008(6)MhLj291

..... were pending, the registrar appointed under the bombay industrial relations act, nasik division, nasik pursuant to the application ..... bombay industrial relations act. ..... the regional joint director of sugar in the impugned order dated 11.1.2007 directing holding of meeting for selection of the said two persons cannot be said to be beyond the scope of section 73bb of the said act as the said section itself provides that if there is a dispute in relation to 'such issues' which in my view would cover the objections raised by the two managing council members as well as the objection raised by the workers of the petitioner no. ..... to take action under section 79 and 79a of the maharashtra co-operative societies act, 1960 for non-implementation of the provisions of section 73bb of the maharashtra co-operative societies act, 1960 against the ..... shinde the learned counsel adopted the submissions made by shri dhorde and shri suryawanshi, but in addition submitted that the respondents 7 and 8 pursuant to ..... the present petition, was moved for admission on 2.7.2007, when after hearing the counsel for the respective parties, and considering the provisions of section 73bb and 73ff of the said act, this court, granted interim reliefs to the extent of staying the order of the regional joint director (sugar) dated 11.1.2007 with a ..... , the fact remains that the issue would have to be decided on the basis of the position prevailing in the year 2005 when admittedly the petitioner union was the recognised union. .....

Mahindra and Mahindra Ltd. Through Its Deputy General Manager Vs. Shri ...

Court : Mumbai

Reported in : 2007(1)ALLMR800

..... is admitted position between parties that the model standing orders framed under section 35 of bombay industrial relations act govern their service conditions and industrial employment standing order act, 1946 has no application. ..... contended that there were elected representatives functioning under section 28 of bombay industrial relations act and they represented even complainants. ..... that their employer is an engineering industry which manufactures tractors and the establishment is governed by bombay industrial relations act, industrial disputes act and industrial employment standing order act, 1946. ..... conveyed it to personnel and industrial relations department which then issued appointment ..... he used to take the decision whether temporary increase can be handled by existing manpower or not and communicate it to department of personnel and industrial relations. ..... complaints under section 28 of maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, (hereinafter referred to as mrtu act) for declaration that their ..... he points out that claim for regularisation or permanency could not have been filed when complainants were not in service and therefore, could not have been granted for period which could not have been clubbed with existing employment ..... while making his submissions in reply in writ petition 6427/2005, advocate puranik has stated that because of admitted facts in this complaint of sudhakar, it was not necessary for employer to lead any evidence .....