Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 70 award by arbitrator Court: madhya pradesh

Moil Janshakti Mazdoor Sangh Vs. Union of India

Court : Madhya Pradesh

..... reliance is placed on clause 12 and 13 of code of discipline and section 16 of bombay industrial relations act 1946 to bring home the submissions that there is no automatic cessation of status as representative union even after expiry of two ..... during course of discussions with the cmd on the said matter, he stated that at present since the industrial relation is cordial with the present recognized union of the management and there is no industrial unrest in the organization of the moil and also there is no breach of code of discipline by the said recognized union and this union is also having the largest membership amongst the employees of the company ..... it was, therefore, thought prudent in the interests of stable industrial relations and industrial peace to evolve a mechanism whereby the bargaining agent on behalf of the workers will have a durable stability as such agent, with a guarantee of unin-terrupted loyalty of its members and an unquestionable representative character over a certain period ..... on 25.5.04 the central industrial relation machinery conducted the verification of membership of union operating in moil and declared the results vide letter dated 9.6.04; whereby, the respondent no.5 having been found to have obtained maximum number of votes was recognized as ..... has under its control the largest and the deepest manganese ore mines located at bhaveli, tirodu and ukwa in district balaghat in the state of madhya pradesh and some part of maharashtra state. ..... maharashtra. .....

Moil Jan Shakti Majdoor Sangh Vs. Union of India

Court : Madhya Pradesh

..... bombay industrial relations act, 1946, maharashtra recognition of union and prevention of unfair practice act ..... industrial relations act ..... during course of discussions with the cmd on the said matter, he stated that at present since the industrial relation is cordial with the present recognized union of the management and there is no industrial unrest in the organization of the moil and also there is no breach of code of discipline by the said recognized union and this union is also having the largest membership amongst the employees ..... it was, therefore, thought prudent in the interests of stable industrial relations and industrial peace to evolve a mechanism whereby the bargaining agent on behalf of the workers will have a durable stability as such agent, with a guarantee of unin-terrupted loyalty of its members and an unquestionable representative character ..... reliance is placed on clause 12 and 13 of code of discipline and section 16 of bombay industrial relations act 1946 to bring home the submissions that there is no automatic cessation of status as representative union even after expiry ..... it is further a common knowledge that although since long there was a strong demand from some sections for recog- nising the bargaining agent of the workmen by a ballot secret or otherwise, the national labour commission did not countenance it ..... maintain a list of members personally interrogated, giving their ticket numbers, name of section where working, the result of personal interrogation, etc. .....

Mohammad Sagir Vs. Bharat Heavy Electricals and ors.

Court : Madhya Pradesh

Reported in : (2004)IILLJ1027MP; 2004(2)MPHT179; 2004(2)MPLJ359

..... the labour court adjudicates upon disputes that, had it not been for the industrial disputes act, the bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, would have been within the jurisdiction of the ordinary civil courts to decide although the ordinary civil courts may not be able to grant all the reliefs that are contemplated by these acts. ..... -- (1) in addition to powers conferred under other provisions of this act, labour court shall have power to-- (a) decide-- (a) disputes regarding which application has been made to it under sub-section (3) of section 31 of the act;(b) industrial disputes--(i) referred to it under section 51 or 52;(ii) in respect of which it is appointed as the arbitrator by a submission;(c) whether a strike, lock-out, stoppage, closure or any change is illegal under this act; (b) require any employer-- (a) to withdraw any change or lock-out which is held by it to be illegal; or(b) to carry out any change provided such change is a ..... .--(1) the labour court of the industrial court shall pronounce its award or decision ordinarily within a period of one hundred and eighty days from the date on which the application is made or the dispute is referred to ..... .(3) where the labour court or the industrial court is unable to make its award or pronounce its decision within the period specified in sub-section (1) or sub-section (2), as the case may be, it shall record the reason therefor .....

Madhya Pradesh Dainik Vetan Bhogi Karmachari Sangh and anr. Vs. State ...

Court : Madhya Pradesh

Reported in : 2003(4)MPHT199

..... thus, even if there is specific provisions as per section 2 (5) of the bombay industrial relations act, 1946 specifically conferring power of withdrawal of any of the industry under the said act, it can not be said that in the present act by virtue of sub-section of section 1, the power to withdraw or modify a particular item from the schedule to this section is not there. ..... to the petitioners, the act was enacted and came into effect from 31-12-1960 and by the said act the bombay industrial relations act, 1946 was repealed. ..... the state government to issue a notification applying all or any of the provisions of the act to any place in which a manufacturing process is carried on and which involves the consequences that the place is deemed a factory it was held that the persons working therein are deemed workers and is not by itself discriminatory and therefore, notification issued by the maharashtra government under section 85(1), making the bidi-rollers in the specified places 'deemed workers' and entitling them ..... to the benefits provided under the act, was also held not to be attacked on the ground that the state has issued the notification by selecting for application of the provisions of the .....

Hariram S/O Phul Singh Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 1992CriLJ2135

..... rao ganuji kolhe air 1975 sc 575, their lordships observed that dictionary meaning was not of much help in construing the term 'honorarium' which was paid to the member of a wage board constituted under bombay industrial relations act, 1946, deciding an issue raised under bombay legislature members (removal of disqualifications) act, 1956. ..... to him, the defence pleaded is not barred by section 19(1) of the act and that the plea is rather relatable to the proviso to sub-section (2) of section 10. ..... in its wisdom, the legislature devised ways and means to achieve that objective in the manner contemplated under different provisions of the act by balancing on the one hand requirements of public health and on the other hand, of due process for trial of offenders indulging in activities prejudicial to public ..... for selling adulterated goat-milk, the petitioner suffered conviction under section 7(1) read with section 16(1)(a)(i) of prevention of food adulteration act, 1954, for short, the 'act', and a sentence of six months' rigorous imprisonment besides fine of ..... the peril of repetition, it has to be pointed out that 'milk' being not defined in the act and the term 'primary food' being only defined in section 2, clause (xii-a), there can be no question of the rules controlling the act and the construction proposed being vitiated on that count, authority for special 'definition' of milk is provided by section 23(1-a)(b) read with rule 5 framed thereunder.14. ..... state of maharashtra air 1966 sc .....

Association of Medical Representatives (M and V) Vs. the Industrial Tr ...

Court : Madhya Pradesh

Reported in : AIR1967MP114; [1967(15)FLR18]; (1966)ILLJ614MP

..... pradesh government to make the reference, the tribunal held that the madhya pradesh government was not the 'appropriate government' to refer the dispute in question as the company did not carry on the industry within the state of madhya pradesh and also did not have any industrial establishment or undertaking within the state and that the state government of maharashtra was the 'appropriate government' within the meaning of section 2(a)(ii) of the act in relation to the dispute in question. ..... it was observed by the supreme court :'the dispute between the 'hindu' bombay and salivaleeswaran was in respect of alleged wrongful termination of employment; it could acquire the character of an industrial dispute only if it was proved that ii was. ..... that was a case whore upon the termination of the services of one full-time employee at bombay of the 'hindu', a daily newspaper published in madras, his case was espoused by the bombay union of journalists and the state of bombay referred the dispute under section 10 for adjudication. ..... learned counsel did not dispute that the maharashtra government had jurisdiction to refer the dispute under section 10(1) as the order of termination of d'silva's services was passed at bombay and he was under the control of the bombay office of the company; but he said that the madhya pradesh government had concurrent jurisdiction inasmuch as part of the cause of action giving rise to the dispute arose within the state of madhya pradesh.5. .....

Management of the Burhanpur Tapti Mill Ltd. Vs. Industrial Court and a ...

Court : Madhya Pradesh

Reported in : AIR1965MP43; [1964(8)FLR436]

..... of that decision that at one stage of the proceedings before the industrial court at nagpur, a reference was made to the bombay high court for a decision on the question whether the proceedings, in so far as they related to the nine mills, stood transferred under section 125 of the states reorganisation act to the industrial court at nagpur, according to the report, the bombay high court expressed the opinion that a reference under section 125(2) could be made if a court or tribunal entertained a doubt as to whether a proceeding ..... in the reorganisation of states, nine out of eleven textile mills, stated in schedule i to the notification became located in the new state of bombay, now maharashtra, and the remaining two mills, namely, the petitioner-mill and the b. n. c. ..... . but it does not follow from quashing the decision of the industrial court embodied in part-2 of its award that it has no jurisdiction to entertain and proceed with the reference before it until there is a decision of the bombay high court under sub-section (2) of section 125 of the states reorganisation act, 1956, on the question of the transfer of proceedings ..... and berar industrial disputes settlement act, 1947, referring to the arbitration of the state industrial court a dispute between eleven textile mills, enumerated in schedule i to the notification, and their employees in the mechanical and engineering branches. .....

Hafiz Zakir HussaIn Vs. Akola Janta Commercial Co-operative Bank Ltd.

Court : Madhya Pradesh

Reported in : AIR2008MP193

..... in the division bench and the full bench judgments of the bombay high court are based on section 56 in part v of the 1949 act, but as we have held above, by section 56 in part v of the 1949 act, the provisions of the 1949 act only are made applicable to co-operative societies carrying on banking business and the said section 56 of the 1949 act cannot be construed to mean that the provisions of the 1993 act are also applicable to co-operative societies carrying on a banking ..... of the relevant statutes and entries 43, 44 and 45 of list i and entry 32 of list ii of the seventh schedule of the constitution, we answer the reference as under:co-operative banks' established under the maharashtra co-operative societies act 1960 mcs act, 1960; the andhra pradesh co-operative societies act 1964 apcs act, 1964 and the multi-state co-operative societies act 2002 mscs act, 2002 transacting the business of banking, do not fall within the meaning of 'banking company' as defined ..... (ii) the decision in manoj tarwala (supra) has also dealt with the issue relating to applicability of 1993 act to the co-operative banks and hence, the same has been soundly distinguished by the learned single judge and no fault can be ..... took note of the definition of bank contained in recovery of debt due lo brinks rind financial institutions article (for short, '1903 act'), the definition of bank as defined under 2002 act and placing reliance on tin unreported decision of the bombay high court in khaja industries v. .....

Dhariwal Industries Limited and ors. Vs. M.S.S. Food Products

Court : Madhya Pradesh

Reported in : 2004(29)PTC45(MP)

..... mark or get-up that the plaintiff should be able to show that the disputed mark or get-up has become by user in the country distinctive of the plaintiff's goods so that the use in relation to any goods of the kind dealt in by the plaintiff of that mark or get-up will be understood by the trade and the public in that country as meaning that the goods are the plaintiff's goods. ..... fax message which goes to show that the appellant had applied to the high court for transfer and stay of several criminal cases under prevention of food adulteration act pending before different criminal courts which clearly show that several food adulteration cases are pending against the appellants and that the appellants had not been maintaining the quality ..... vehemently argued that once the district judge was apprised that a previous suit by the appellants has already been instituted before high court of bombay, it should have withdrawn its hands under section 10 of the code and directed the parties to approach the high court of bombay instead of giving ex parte or bi parte temporary injunction. ..... gutkha, pan masala and supari mix under trade name of 'malikchand' since 1959-60 and have been selling these goods at maharashtra, madhya pradesh, karnataka, gujarat and other parts of india. ..... limited company in name of dhariwal tobacco products limited and then dhariwal industries limited. ..... april 1995, april 1997, february 1999, april 2003 show that annual film fare award nites were sponsored by the appellants. .....

Jabalpur Electric Supply Company Ltd. Vs. State Industrial Court and o ...

Court : Madhya Pradesh

Reported in : (1959)IILLJ74MP

..... as against these definitions, the bombay industrial relations act, 1946, hereinafter called the bombay act, defines these terms as below :-3(13). ..... coolies for bringing the coal to the premises of the establishment is that of the contractor but the control of the operations within the premises connected with generating the electricity is that of the company.the state industrial court further held that the contractors were liable to pay dearness allowances and bonus to the coal coolies as was paid by the petitioner to the employees and that in fixing the rates with the contractors ..... to do any skilled or unskilled manual or clerical work for hire or reward in any industry and includes-(a) 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);(b) a person who has been dismissed or discharged from employment on account of any dispute relating to a change in respect of which a notice is given or an application made under section 42 whether before or after his dismissal or discharge.3(14) ' employer' includes-(c) where the owner ..... on 13 april 1957 the president of the jabalpur bijlighar karmachari panchayat made an application to the state industrial court under section 22 of the local act read with rule 54 of the rules made thereunder for interpretation of the award. ..... 1235 which was affirmed in appeal by the supreme court in maharashtra sugar mills v. ..... maharashtra sugar mills 1950 l.l.j. .....