Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 69 special case to be stated to industrial court Page 1 of about 940 results (0.544 seconds)

Pralhad Vithalrao Pawar Vs. Managing Director and Another

Court : Mumbai

Reported in : 1998(4)ALLMR636; 1999(1)BomCR840; 1998(3)MhLj214

..... (b) whether the termination of service of an employee who is not covered under the provisions of the industrial disputes act, 1947 or the bombay industrial relations act, 1946, amounts to a dispute touching the management or business of a society, within the meaning of section 91(1) of the maharashtra cooperative societies act and(c) whether the petitioners are entitled to claim the relief of reinstatement in service with back wages and continuity, in an appropriate legal proceeding.2. ..... even in the instant case, same ratio would apply in as much as the remedy which would otherwise be available before a civil court will be available before a co-operative court, under section 91(1) of the co-operative societies act as the forum created under section 91-a of that act is a substitute for the civil court and created under a special legislation. ..... other than a notified society under section 73-c or a society specified by or under section 73-g, or refusal of admission to the membership by a society to any person qualified therefor [or any proceeding for the recovery of the amount as arrear of land revenue on a certificate granted by the registrars under sub-section (1) or (2) of section 101 or sub-section (1) of section 137 or the recovery proceeding of the registrar or any officer subordinate to him or an officer of society notified by the state government, who is empowered by the registrar under sub-section (1) of section 156] not be deemed to be a dispute .....

Ratnagiri District Central Co. Op. Bank Ltd. Vs. Dinkar K. Watve and o ...

Court : Mumbai

Reported in : (1989)91BOMLR165; [1989(59)FLR530]; (1994)IIILLJ447Bom; 1989MhLJ445

..... the relevant provisions of sections 78 and 79 of the bombay industrial relations act, 1946 are as follows:section 78(1) labour court shall have power to - ..... 693, the supreme court has interpreted sections 78(1)(a)(a)(i), 79 (1) and (3) and 42(4) of the bombay industrial relations act, 1946 together with rule ..... january, 1975 the present 2nd respondent-union representing the petitioner filed an application before the labour court under section 79(1) of the bombay industrial relations act, 1946 being bir application no. ..... 1975 before the labour court filed on 31.1.1975 under section 79(1) of the bombay industrial relations act, 1946 is time-barred ?13. ..... letter dated 31.8.1966 in which the petitioner also referred to the standing orders applicable to the said bank, the petitioner approached the respondent-bank as provided under section 42, sub-section (4), of the bombay industrial relations act, 1946. ..... it said: 'the proper approach in determining whether a statute had retrospective effect was not by classifying it as procedural or substantive but by seeing whether, if applied retrospectively to a particular type of case, it would impair existing rights and obligations; and an accrued right to plead a time bar, which was acquired after the lapse of the statutory period, was in every sense a right even though it arose under ..... filed an appeal from this award before the maharashtra state co-operative appellate court being appeal no. ..... was referred for decision to the officer on special duty. .....

Bhuwalka Steel Indus. Ltd. Vs. Bombay Iron and Steel Labour Bd. and an ...

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 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 prevail over any general law covering the ..... state of maharashtra 2000 ii clr 279 on the aforesaid expression that it is only casually engaged workers who come within the purview of the act, correct and proper?in the two aforementioned judgments of the bombay high court, the learned judges, writing the majority judgment, recorded as under:for the aforesaid reasons, we find that the interpretation placed by the division bench in century textile and industries ltd. ..... the third mentioned case of state of maharashtra v. ..... state of maharashtra (cited supra), but it cannot be forgotten that the two questions framed by it clearly show that the consideration could not be restricted to the narrower question as to whether the view taken in the case of century textiles & industries ltd. v. .....

Mohammedbhikhan Hussainbhai and Etc. Vs. the Manager, Chandrabhanu Cin ...

Court : Gujarat

Reported in : AIR1986Guj209; (1986)1GLR1

..... courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 and the industrial courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 are courts and courts subordinate to the high court in terms of section 3 of the contempt of courts act, 1971 or rather section 10 thereof and equally nominee of the registrar acting under section 96 of the gujarat co-operative societies act, 1961 and deciding disputes under section 101 and the co-operative tribunal under that act are courts and that too courts subordinate to the high court, as contemplated by section 10 of the contempt of courts ..... special duty appointed by the state government in exercise of the powers under section 3 of the maharashtra co-operative societies act 1960 under the maharashtra government notification dated 11-3-1969 are courts within the meaning of the contempt of courts act while discharging their duties under the state act'.the following pertinent observations having been made in the report 'mainly two criteria have been laid down by the decided cases in order to constitute the tribunal a ..... if a subordinate court acts in excess of its jurisdiction or assumes a jurisdiction which it does not possess, the appellate court can always interfere and do what is contemplated to be done by a writ of certiorari'.thereafter, the question whether in certain special cases, when power was given to the appropriate government to modify or reject the award, .....

The Mumbai Taximen's Union and Another Vs. State of Maharashtra Throug ...

Court : Mumbai

..... that the jurisdiction of civil court was barred under sub-section (4) of section 28(1a) and under sub-section (5), it was made clear that industrial tribunal may exercise the same powers as it exercise for the purpose of deciding industrial disputes under the bombay industrial relations act, 1946. 9. ..... that perusal of the provisions of section 28(1a) would reveal that the dispute had to be referred to the industrial court constituted under the bombay industrial relations act, 1946 for decision. ..... , the industrial tribunal may, in deciding disputes under this section, exercise the same powers and follow the same procedure as it exercise or follows for the purpose of deciding industrial disputes under the bombay industrial relations act, 1946 (bom. ..... , therefore, it was open for the petitioners to raise a preliminary issue regarding maintainability of the dispute which was permissible under the provisions of the bombay industrial relations act, 1946 and the industrial court, therefore, could decide the said preliminary issue. ..... time, by incorporating the provisions of obtaining consent from the registrar, the state of maharashtra has sought to introduce a filter to ensure that frivolous cases and complaints are not filed before the industrial court and, therefore, summary scrutiny by the registrar is envisaged by the said ..... and another (special civil application no.4282 of 1976) had considered the powers of the registrar under section 28(1a) and regulation 23 read with section 28. .....

Shivanand Gaurishankar Baswanti Vs. Laxmi Vishnu Textile Mills and ors ...

Court : Supreme Court of India

Reported in : AIR2009SC825; IV(2008)BC578; 2008(5)BomCR602; [2008]144CompCas516(SC); JT2008(8)SC81; (2008)6MLJ665(SC); 2008(10)SCALE192:2008AIRSCW8122

..... the union considered the fate of families of several workers and in the capacity of `representative union' under the bombay industrial relations act, 1946 exercised the power and agreed to the settlement. ..... the learned counsel for the union, in our opinion, is right in submitting that under the bombay industrial relations act, 1946, it is the `representative union' which has all powers to enter into a settlement on behalf of workers in the industry and it is only that union which can take a decision under 1946 act. ..... explaining the scheme of the act, the court stated;it will be seen that section 27a provides that no employee shall be allowed to appear or act in any proceeding under the act, except through the representative of employees, the only exception to this being the provisions of sections 32 and 33. ..... the order dated april 28, 1994 passed by bifr reads as under;whereas a draft scheme for rehabilitation of m/s laxmi vishnu textile mills has been prepared, circulated and published by the board under section 18 of the sick industrial companies (special provisions) act, 1935 in pursuance of its proceedings held/orders face in the case on 14.2.1994. ..... state of maharashtra : 2000crilj1781 , however, the court observed that 'disposition of assets during the interregnum may not be irretrievably void but the courts are required to exercise power with caution and circumspection'.status and position of representative union31. .....

Gajanan S/O Shamrao Thakre Vs. Maharashtra State Road Transport Corpor ...

Court : Mumbai

Reported in : (2001)IIILLJ704Bom

..... 1354 under section 85 of: the bombay industrial relations act, 1946, the division bench of this court has observed, as under ..... in the case of mahila grihha udyog lijjat papad 1983 i lln 643 a division bench of our high court explained the jurisdiction of the industrial court under section 44 of the act to the effect that it can exercise its powers of superintendence only in cases where errors are apparent on the face of the record evident from the orders passed by the labour court and not in findings of facts recorded by it and that the industrial court cannot embark upon a fresh reappreciation of evidence as if it was sitting as a court of appeal on ..... the scope of the power of superintendence has been well settled and in view of the language of section 85 of the bombay act it will be only reasonable to hold that the industrial court possesses powers to interfere with the orders of the labour courts, provided any errors apparent on the face of the record are evident from any orders passed by such labour courts and not in findings of facts recorded by them. ..... this aspect has been specifically mentioned in the judgment and it was further observed that before the learned single judge who heard the writ case no plea was raised about any denial of opportunity to the respondent company 'to lead evidence in proof of charges after the domestic inquiry was found to be ..... maharashtra state road transport corporation and ..... however is not sufficient to dispose off these special civil applications. .....

Sahakari Bank Karmachari Sangh Vs. the District Deputy Registrar, Co ...

Court : Mumbai

Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118

..... section 3(1) thereof states that the bombay act means the bombay industrial relations act, 1946. ..... dharap contended that similar issue was raised before this court in that case and the state was directed to issue appropriate directions to all district collectors that while issuing a notification under rule 16 of the election rules for elections of the members of the board of specified societies or such societies covered under rule 16 of the maharashtra specified cooperative societies elections to committees rules, a separate notification for election of workers representatives' on the board of directors of such societies shall ..... reservation of seats for employees on committees of certain societies - (1) on the committee of such society or class of societies as the state government may, by general or special order, direct where the number of permanent salaried employees of the society is 25 or more (a) if the number of members of the committee thereof is 11 or less - one seat; and (b) if the number of such members is 12 or more - one additional seat for ..... reservation of seats for employees on committees of certain societies - (1) on the committee of such society or class of societies as the state government may, by general or special order, direct where the number of permanent salaried employees of the society is 25 or more (a) if the number of members of the committee thereof is 11 or less - one seat; and (b) if the number of such members is 12 or more - one additional seat for .....

Jeewanlal (1929) Ltd. Vs. the Workmen and anr.

Court : Supreme Court of India

Reported in : AIR1972SC1210; (1972)ILLJ472SC; (1973)3SCC528; 1972(4)LC753(SC)

..... this is an appeal by special leave from an award and order dated august 23, 1967 of the industrial court maharashtra under section 6 of the industrial employment (standing orders) act, 1946 read with the provisions of the bombay industrial employment (standing orders) rules, 1959. ..... the industrial employment (standing orders) (bombay amendment) act, 1957 had in the meanwhile been passed by the state legislature. ..... the said matter read :the age for retirement or superannuationomitting the proviso section 2a provided :where this act applies to an industrial establishment, the mode] standing orders for every matter set out in the schedule applicable to such establishment shall apply to such establishment from such date as the state government may by notification in the official gazette appoint in this behalf.6. ..... the questions involved relate to the fixation of the age cf superannuation and proof of age of a workmen in case of dispute between him and the appellant.2. ..... the state government had in the meanwhile prescribed certain model standing orders as contemplated by the said act. .....

Chhotabhai Jethabhai Patel and Co. Vs. Industrial Court, Nagpur and or ...

Court : Mumbai

Reported in : AIR1969Bom56; (1968)70BOMLR298; ILR1969Bom455; (1968)IILLJ757Bom; 1968MhLJ377

..... section 78(1)d has been introduced for the first time in the bombay industrial relations act, 1946, by section 31 of the maharashtra act , 1946, by section 31 of the maharashtra act no 22 of 1965 this maharashtra act 22 of 1965, which came into force in the whole of the state of maharashtra from 1st of may 1965 which came into force in the whole of the state of maharashtra from 1st of may 1965, which was in force in areas other than vidarbha in the maharashtra state ..... a narrow question of law arising in the case and that question is where an employee claims reinstatement and payment of back wages and the labour ?court finds that the order of dismissal, discharge, removal or retrenchment from service made by the employer was vitiated on account of any of the three clauses (i), (ii) and (iii) of section 78(1)d of the bombay industrial relations act, whether the labour court acts without jurisdiction if the employee concerned approaches that court for the relief of reinstatement and payment of ..... section 79 makes a special provision in respect of disputes falling under clause (a) of paragraph a of sub-section (1) of section ..... reliance was placed on another division bench decision of this court in special civil applns. ..... far as paragraph d is concerned, the legislature is making a special provision only for orders dismissal, discharge, removal etc. ..... this is a special provision, and if in making such a special provision it is also intended to include relief in respect of order of dismissal .....