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The State of Bombay Vs. the Maharashtra Sugar Mills Ltd.

Court : Mumbai

Reported in : AIR1951Bom68; (1951)53BOMLR263; (1951)ILLJ137Bom

..... this dispute was referred under section 73, bombay industrial relations act, 1946. ..... the contention is that this labour was employed through the instrumentality of contractors & therefore, this labour fell within the meaning of section 3(13)(a), & the company was its employer within the meaning of section 8(14)(e), & it is from the point of view of this contention that we have to consider whether the finding of the industrial court was right or erroneous as held by the learned judge below. ..... of bombay referred an industrial dispute that had arisen between the maharashtra sugar mills, ltd. ..... now, turning to the definition, 'employee' is defined in section 3(13) & (13) (a) as 'any person employed to do any skilled or unskilled manual or clerical work for hire or reward in any industry, & includes a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause (e) of clause (14). ..... may, at any time, refer an industrial dispute to the arbitration of the industrial court, if certain conditions are satisfied with which we are note concerned in this case. ..... in this case there is no suggestion by the state of bombay that the maharashtra sugar mills, ltd. ..... was presented by the company for a writ of certiorari to quash the award made by the tribunal to the extent that it awarded bonus to contract labour. .....

The Maharashtra Sugar Mills, Ltd. Vs. the State of Bombay

Court : Mumbai

Reported in : (1951)53BOMLR1003

..... an industrial dispute has arisen between the maharashtra sugar mills limited, belapur road district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other meansnow, therefore, in exercise of the powers conferred by section 73 of the bombay industria relations act, 1946 (bombay act ..... state of bombay appealed against this decision, and the appeal court on november 21, 1950, reversed this decision and held that contract labour was covered by the definition of the word 'employee' contained in the act and that the industrial court had jurisdiction to make the award. ..... and he held that the industrial court had no jurisdiction to make the award with respect to the contract labour as that ..... the government of bombay is pleased to refer the said industrial dispute to the arbitration of the industrial court.it was urged on behalf of the appellants before the industrial court that contract labour was not covered by the definition of 'employee' under the act and that the court had therefore no jurisdiction to go into the dispute in regard to contract labour ..... the sole question for decision is whether the industrial court acted with jurisdiction in making the award as regards the bonus to be paid to contract .....

A.G. Pardeshi and ors. Vs. National Textile Corporation (South Maharas ...

Court : Mumbai

Reported in : 2003(4)BomCR489

..... of the nature and the duties of the petitioners vis a vis those of the said employees, the industrial court while dismissing the complaint filed under section 28 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, failed to address itself to the said issue and the complaint has been rejected solely on the ground that the provisions of the bombay industrial relations act, 1946 are not applicable to the workers, employed in the retail shop of the mill.3. ..... even after taking note of the said grievance of the petitioners in their complaint, the industrial court has proceeded only to decide the issue pertaining to the applicability of the act of 1946, without addressing itself to the issue as to whether the duties performed by the petitioners are identical to those of the other employees and whether the petitioners are entitled for the ntc scale or not. ..... respondents in their showroom but they were neither paid the salary as per the service conditions those are applicable to the employees of the kohinoor mills though the service conditions were governed under the act of 1946, nor they were paid the salary on par with the ntc scale even though they are entitled for the said scale otherwise applicable to the employees under the .....

The Maharashtra Sugar Mills, Ltd. Vs. the Industrial Court and ors.

Court : Mumbai

Reported in : (1950)0LLJ1235Bom

..... industrial dispute has arisen between the maharashtra sugar mills, limited, belapur road, district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other means;now, therefore, in exercise of the powers conferred by section 73 of the bombay industrial relations act, 1946 ..... of employees;...and(d) all questions of what is fair and right in relation to any industrial matter having regard to the interest of the person immediately concerned and of the community as a whole.section 73 of the act invests the provincial government with power to refer industrial dispute to industrial court for arbitration and is in terms following: notwithstanding anything contained in this act, the provincial government may, at any time, refer an industrial dispute to the arbitration of the indus trial court, if on a report made by the ..... considerable evidence was led before the industrial court and the industrial court made its award on the 8th december 1949 whereby it awarded bonus equal to 3/8th of the total basic earnings earned during the year 1947-48 on the ..... this award was published in the government gazette on the 29th december 1949 and the petitioners filed this petition for the reliefs which i have mentioned above on .....

Vaidyakiya Karmachari Sanghatana and Others Vs. Pravara Medical Trust

Court : Mumbai Aurangabad

..... there is no industrial dispute under the central act (id act) or the bombay industrial relations act, 1946, pending before the industrial tribunal, which concerns all the members of the said union. 18. ..... it is only coincidental that the union is taking the lead along with the 43 workers in espousing their individual cause as is provided for under section 21 and 22 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ("the act of 1971 ?). 19. ..... (1) during the pendency of any conciliation proceeding before a conciliation officer or a board or of any proceeding before [an arbitrator or] a labour court or tribunal or national tribunal in respect of an industrial dispute, no employer shall-- (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or (b) for ..... issues as regards whether the enquiry was conducted fairly, whether the findings of the enquiry officers are sustainable, whether the punishment awarded is shockingly disproportionate etc. .....

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

Court : Gujarat

Reported in : AIR1986Guj209; (1986)1GLR1

..... that the labour 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 ..... it was held that as the arbitrator appointed by the parties derives his power not through any statute, but only through the agreement of parties, his award was an award of arbitrator simpliciter and could not be elevated to the status of an award of tribunal within the contemplation of article 136 of the constitution. ..... held -'the officers on 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 .....

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 226 and 227 of the constitution.2. ..... 40 of 1998 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 short m.r.t.u & p.u.l.p. ..... if we 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 nominated as nominee director.5. ..... therefore, they are not the employees within the meaning of section 3(13) of bir act and as such they are not entitled to represent the employees on the board of directors. ..... the argument of the bank is that only employees covered by section 3(13) of bir act are entitled for nomination as nominated directors. ..... 4 bank in accordance with the provisions of section 73-bb of the act and communicated their names to the election officer as well as the bank. .....

Labour Law Practitioner's Association and Anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : [1979(39)FLR89]

..... are constituted under the industrial disputes act, 1947 and the bombay industrial relations act, 1946 and that under the industrial disputes act, labour courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second schedule of the act and for performing such work as may be assigned to them under the act. ..... claimed that the amendments were carried out in the bombay industrial relations act and the industrial disputes act to facilitate the smooth working of those courts and appointments of those posts are not required to be made in consultation with the maharashtra public service commission or with the high court of ..... the provisions of sub-section (3) of section 18 of the act makes the award passed by the labour court binding on all parties to the industrial dispute and all the workmen when ..... a tribunal consisting of three persons for the adjudication of industrial disputes in banking companies under section 7 of the industrial disputes act and the dispute was heard by the tribunal and the award was passed. ..... the provisions of section 33-c of the act enable the labour court to take proceedings of the recovery of money due from the employer under an award or enforceable order, while section 38(2)(a) of the act confers power upon the appropriate government to frame rules to determine the powers and procedure of the labour courts as to the summoning of witnesses, the production of documents and the number of members necessary to .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : '123a. ..... as soon as, by the maharashtra act 22 of 1965 the bombay industrial relations act, 1946, was made applicable to this area, the matter would be governed only by that act and, therefore, the application of the respondent under the old central provinces act could not be entertained. 5. ..... 123a as added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, and, therefore, the application was liable to be dismissed. ..... it was then being submitted that the maharashtra act 22 of 1985, which had made the bombay industrial relations act, 1946 applicable to this area, should be deemed to be retrospective in operation, so as to require the respondent to file his application for reinstatement and back-wages under the new act. ..... 16 of the central provinces and berar industrial disputes settlement act, 1947, are in irreconcilable conflict with the body of the bombay industrial relations act, 1946, particularly with s. ..... 123a of the bombay industrial relations act, 1946, to show that some further activity must be resorted to by the claimant before a right can be said to be accrued, sri mor was relying on a decision in gayaprasad munnalal v. ..... 123a of the bombay industrial relations act, 1946. 8. ..... 123a of the bombay industrial relations act, 1946. 6. ..... 123a of the bombay industrial relations act, 1946. .....

Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Ltd. and Others V ...

Court : Mumbai

Reported in : (1997)IIILLJ592Bom

..... soot girani and its board of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same. ..... 4 of 1988 under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act'). 2. ..... section 119a of the bombay industrial relations act does not really deal with 'civil contempt' as understood under the contempt of courts act, 1971. ..... there is no provision in the entire scheme of the bombay industrial relations act which empowers the labour court to punish for its 'contempt'. ..... the scheme of the bombay industrial relations act suggests that disobedience, however flagrant, of an order passed by the labour court does not constitute a contempt of court, though other remedies are available for dealing with such a situation. ..... the division bench held that the scheme of the first four sub-sections of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act shows that certain offences are created and penalties provided for them. ..... section 46(5) of the act provides that failure to carry out the terms of any settlement, award, registered agreement, effective order or decision of a wage board, industrial court or labour court shall be deemed to be an illegal change. .....