Court : Mumbai
Reported in : (2001)ILLJ187Bom
..... the points canvassed in the written statement and which was the only point urged before me, was the refusal of work by the employer to the workman may amount to a closure within the meaning of section 3(8a) of the bombay industrial relations act which would merely give a right to claim compensation for such closure. ..... corporation was that even if there was a refusal to provide work as alleged, this would amount to a closure and, nonetheless, the legality and justification for the closure would need to be determined in an adjudication under the bombay industrial relations act, in the absence of which the workers would not be entitled to any relief. ..... remedy, if any, under the provisions of the bombay industrial relations act cannot operate to oust the remedy under the mrtu & pulp act, 1971. ..... the workman had also moved an application under section 33-c(2) of the industrial disputes act, 1947 for the payment of salary for the prior period ending on june ..... the industrial court in its order referred to the provisions of section 14 of the act of 1983 under which every person who was a workman within the meaning of the industrial disputesact, 1947 and had been immediately before the appointed day in the employment of the textile undertakings would become on and from the appointed day an employee of the national textile corporation on ..... in question was filed under items 5 and 9 of schedule iv to the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR842; [2007(112)FLR1003]; 2007(1)MhLj644
..... counsel for the petitioners drew our attention to section 21 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'trade union act') and section 33 and 33a of the bombay industrial relations act, 1946 (hereinafter referred to as the 'act of 1946'). ..... section 33a of the act of 1946, upon which reliance was placed by him, is of no help to him, because it refers to disputes between employees and employer referred to arbitration of a labour court or the industrial court under section 72.section 72 is reproduced as under:72. ..... -(1) notwithstanding anything herein before contained the [state] government may, at any time on the report of the labour officer or on its own motion, refer any industrial dispute between employers and employees to the arbitration of a labour court or the industrial court. ..... disputes between employees and employees may be referred by [state] government to arbitration of labour court or industrial court. ..... (3) the employers of such employees shall in the prescribed manner be made parties to such arbitration. ..... (2) the provisions of this chapter with such modifications as may be prescribed shall apply to such arbitration. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR78; 2007(1)BomCR529; (2007)109BOMLR1; [2006(108)FLR879]; (2007)IILLJ217Bom; 2007(1)MhLj659
..... act which applies to establishments covered by the provisions of that act and those industries covered by the provisions of the bombay industrial relations act.the code of discipline has emerged from a consensus on the part of industries ..... implementation officer or an officer of the central or state industrial relations machinery. ..... latter,then in a situation where the total unionised strength is less than 50% of the work force, and this is the average scenario in our country, then a minority will be negotiating for the entire establishment/industry/region; on the other hand, if the entire workforce were to participate, then it is argued this may; weaken the urge or inducement for non-unionised workers to become members of one or other of ..... the supreme court noted that though there was a strong demand from some sections for recognizing the bargaining agent of the workmen by a secret ballot or otherwise, the national labour ..... in the state of maharashtra are contained in the ..... engineering workers (supra) and the judgment of division bench in associated engineering (supra) applies to verification of membership of the unions and establishments, covered under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... verification of membership of union in establishment governed by the code of discipline and whether it applies only to cases under the maharashtra recognition of trade unions and prevention of unfair labour practice act? .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR80
..... has stated that because of this exercise undertaken by the industrial court, employer did not get opportunity to address that court to show that charge sheet was served within reasonable time, or then also to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, were only directory. ..... support its finding that charge sheet needed to be issued within a reasonable time it mentioned provisions of section 78 [1][d][i] of the bombay industrial relations act, it is to be noted that in paragraph no. ..... to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, are only directory he has relied upon the division bench judgment of this court reported at : 1994 [1] bcr 593 maniram nayansingh thapa and ors. ..... consideration of complaint above shows that the pendency of matter before the labour court, the fact of esi treatment and immunity flowing therefrom were pressed into service before the industrial court to urge that in this background, employer could not have conducted any departmental enquiry and charge sheet dated 10.01.1996, therefore constituted unfair labour practice.15. ..... /1996 declaring that, by issuing charge sheet dated 10.01.1996, it had indulged in unfair labour practice falling under item 9 of schedule iv of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the mrtu & pulp act' for short).2. ..... state of maharashtra and anr ..... state of maharashtra and anr .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(93)FLR350]; (2002)IILLJ328Bom
..... the petitioner is a trade union, registered under the trade unions act, 1926, and is also registered as the representative union under the bombay industrial relations act, 1946, for the co-operative banking industry in the local area of thane municipal limits. ..... act, 1946 and also under the maharashtra cooperative societies act, 1960. ..... ' by section 10(2) chapter iii of the mrtu & pulp act is not made applicable to the undertakings in the industries to which the bir act applies. ..... if any change is desired in the service conditions of the employees a notice of change is provided for under section 42 of the act by the employer or the representative union or an employee under certain circumstances. ..... except under section 23 there is no where in the act the representative union is included within the definition of the recognised union and it is further pertinent to note that it is restricted only for the said section and not for the whole act or even the chapters iii and iv. ..... under the latter act as per section 73-bb the representative union is entitled to depute two of its representatives on the board of directors but the petitioner union never exercised the said valuable right in favour of the employees to depute its representatives which was the exclusive statutory privilege of a representative union under the said provisions of the act. ..... the said complaint was filed on december 24, 2001 along with an application for interim orders under section 30(2) of the act supported by an affidavit. .....
Tag this Judgment!Court : Mumbai
Reported in : [2006(108)FLR1184]; (2006)IILLJ625Bom
..... section 59 bars the proceedings under industrial disputes act or bombay industrial relations act, if any proceeding in respect of the matter falling under mrtu & pulp act is instituted under that act. ..... bar of proceedings tinder bombay or central act: if any proceeding in respect of any matter falling within the purview of this act is instituted under this act, then no proceeding shall at any time be entertained by any authority in respect of that matter under the central act or, as the case may be, the bombay act; and if any proceeding in respect of any matter -within the purview of this act is instituted under the central act, or, as the case may be, the bombay act, then no proceeding shall at any time be entertained by the industrial or labour ..... on june 19, 1996 the union filed a reference before the labour court, mumbai in terms of section 25(2) of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (for short, 'mrtu & pulp act'). ..... in the writ petition, the commissioner of labour, deputy commissioner of labour, assistant commissioner of labour, state of maharashtra and premier automobiles limited were impleaded as respondents 1 to 5 respectively. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR416; 2006(3)BomCR246; [2006(110)FLR27]; 2006(4)MhLj578
..... their services are governed by the standing orders certified under the bombay industrial relations act, 1946 (hereinafter referred to as the bir act) and agreements/settlements entered into by the respondent company with the ..... in derogation of any law for the time being in force or to the prejudice of any right under an agreement or contract of service, custom, usage or award applicable to the undertaking.it has been further contended that the provisions of the sica overrides the provisions of the model standing orders and, therefore, the respondents cannot be ..... section (2) of section 21 which inter alia provides that notwithstanding anything contained in the bombay act, no employee in any industry to which the provisions of the bombay act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the representative of employees entitled to appear under section 30 of the bombay act ..... by virtue of the aforesaid, the respondent company has committed unfair labour practice under item 9 of schedule iv of the mrtu & pulp act and, therefore, the trial court ought to have granted all the reliefs and ought not to have relegated the petitioners to approach the rmms ..... industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act (hereinafter referred to as the mrtu & pulp act .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)ILLJ55Bom
..... is now well-nigh settled that for being covered under the umbrella of the act, one must be an employee within the definition of section 3(5) of the act and, in that, he should be a workman under the industrial disputes act, 1947 or the bombay industrial relations act, 1946, as the case may be. ..... in fact, the petition is liable to be dismissed only for the reason that nothing was stated before the industrial court regarding the duties of the petitioner and, secondly, it was also not made out before this court in the ..... considering all the aforesaid material together, it cannot be said that the industrial court was, in any way, in error in returning back the complaint to the complainant (petitioner herein) for being presented before the ..... in the whole petition, beyond dubbing the order of the industrial court as illegal and beyond contending that the industrial court has committed grave error of law in returning the case for being presented before the appropriate forum, there is absolutely nothing which is stated ..... is a petition challenging the order passed by the industrial court which has rejected the complaint in limine, by holding that the same is filed by a person who is a class-ii gazetted officer and a sectional engineer and cannot be termed as 'workman' and cannot excite the jurisdiction of the industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act').2a. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3117; 2009(6)MhLj463
..... he submitted that one dhargave was recruited by the respondent on 9-10-1991 without offering to him an opportunity of re-employment, thus breaching the provisions of section 25-h of the industrial disputes act as also the model standing orders framed under the bombay industrial relations act. ..... the learned counsel for the petitioner submitted that if the petitioner was retrenched, in terms of section 25-h of the industrial disputes act as also clauses 4d and 4e of the model standing orders applicable to the respondent, it was necessary for the respondent to give preference to the petitioner in employment if the work was available. ..... in view of this, the learned counsel for the petitioner was right in submitting that it was not open to the learned member, industrial court to read requirements relating to employment exchanges, which were not contained in the model standing orders.17. ..... this petition by the workman takes exception to the dismissal of his complaint recording unfair labour practice under items 9 and 10 of schedule iv of the maharashtra recognition of trade unions and unfair labour practices act by the learned member, industrial court, nagpur, by his impugned order dated 25-11-1998.2. ..... , this court has held that if at the time of employment of such persons the model standing orders govern such employment, subsequent framing of recruitment rules would be unhelpful unless such rules are notified under the industrial employment (standing orders) act, 1946. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR395; [2006(111)FLR944]; 2006(5)MhLj655
..... he was working in a supervisory capacity and therefore he was not an employee under section 3(13) of bombay industrial relations act, not a workman under the mrtu & pulp act and consequently the complaint was not maintainable and the labour court had no jurisdiction to entertain and try the complaint ..... aggrieved by the order of the labour court the petitioner filed a revision under section 44 of the mrtu & pulp act before the industrial court. ..... by this petition the petitioner-company challenges the judgment and order dated 12th december, 2000 passed by the industrial court, mumbai, dismissing its revision application against the order of the labour court.2. ..... after consideration of the evidence which was already adduced before it, the labour court came to the conclusion that the petitioner had indulged in an unfair labour practice, falling under item 1 of schedule iv of the mrtu & pulp act, by terminating the services of the respondent without enquiry and in colourable exercise of the petitioner's alleged contractual rights as an employer. ..... in these peculiar facts and circumstances the industrial court came to the conclusion that no prejudice has been caused to the petitioner by denial of the opportunity of further cross-examining the ..... the respondent challenged the termination of his service as an unfair labour practice falling under item 1 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'mrtu & pulp act'). .....
Tag this Judgment!