Court : Mumbai
Reported in : 1998(2)ALLMR609; 1998(2)BomCR148; [1998(79)FLR1]; (1999)IIILLJ1095Bom; 1998(1)MhLj568
..... it would be relevant here to mention that the maharashtra general kamgar union, though is neither representative nor approved union under the bombay industrial relations act, 1946, filed a complaint of unfair labour practice under section 28 read with item 9 of schedule iv of the mrtu & pulp act against the employer company in the industrial court on 10-12-1986. ..... 47 of 1996 is preferred by maharashtra general kamgar union aggrieved by the award dated 30-6-1995 whereby the industrial tribunal, bombay permitted closure of the employer undertaking with effect from 3-9-1986 and the employer was directed to pay gratuity as per law taking into consideration the date of termination as 7-1-1987 and also to pay compensation on the basis of principles enunciated under section 25-n of the industrial disputes act upto the date of termination i.e. ..... ---(1) the provisions of this chapter shall have effect notwithstanding anything in consistenttherewith contained in any other law including standing orders made under the industrial employment (standing orders) act, 1946 (20 of 1946): provided that where under the provisions of any other act or rules, orders or notifications issued thereunder or under any standing orders or any award, contract of service or otherwise, a workman is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(2)BomCR16; (1987)89BOMLR120; [1987(54)FLR732]; 1987MhLJ191
..... the bombay industrial relations act, 1946 and the maharashtra recognition of trade union and prevention of unfair labour practices act 1971.2. ..... sub-section (1) of section 7 authorises the state government (the appellant) to constitute one or more labour court for the adjudication of industrial disputes relating to any matter specified in the second schedule to that act sub-section (2) of section 7 provides that the labour court shall consist of one person to be appointed by the appropriate ..... section 9 of the bombay industrial relations act constitutes labour court for the purpose of deciding the disputes set out in section 78 of that act ..... by the industrial disputes (maharashtra amendment) act, 1947, section 7 was amended and sub-clauses (d-1)(d-2) and (d-3) were ..... , speaking for the court, that thee intension of the legislature in framing section 7 of the industrial disputes act really was that men who could be described as independent and with sufficient judicial experience must be selected as labour court ..... sub-section (2) of section 9 was amended by maharashtra act ..... stage it is convenient to quote the identical definition of 'district judge' that appears in section 3(17) of the general clauses act, 1897, and section 3(15) of the bombay general clauses act, 1904. ..... section 6 of the maharashtra recognition of trade union and prevention of unfair labour practices act empowers the state government to constitute one or more labour courts and appoint persons thereto having the prescribed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIAD(SC)20; AIR1998SC1233; [1999(82)FLR380]; (1998)2GLR1079; JT1998(1)SC604; (1998)ILLJ868SC; 1998(1)SCALE565; (1998)2SCC688; [1998]1SCR793
..... bombay industrial relations act, as it originally stood, section 9 provided that no person shall be eligible to be appointed as a judge of the labour court unless he possessed the qualifications, other than the qualification of age, laid down under article 234 of the constitution for being eligible to enter the judicial service in the state of maharashtra ..... the unamended bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, the qualifications of a presiding officer of the labour court were in terms of article 234 until the bombay industrial relations act was ..... 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. ..... of maharashtra under the industrial disputes act, the bombay industrial relations act and also under the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... they also prayed that the provisions of the amended section 9 of the bombay industrial relations act and the amended section 7 of the industrial disputes act in so far as these provisions authorised the appointment of assistant commissioners of labour as judge of the labour court, were void and illegal .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)ILLJ800Bom
..... though sri narayanaswami has formulated his clients' case in the form of the above four propositions, in our opinion, the first three of them relate to the same question, and may, therefore, be conveniently death with together, namely, the question as to whether the award of the industrial court is bad because it sought to apply the bombay industrial relations act, 1946, to harvesting and transport operations carried on on the lands which do not belong to the petitioner-company, but which belong to private cultivators with ..... section 42(2) of the bombay industrial relations act, 1946, provides that an employee desiring a change in respect of an industrial matter must give a notice in the prescribed form to the employer who is to forward a copy of the same to the conciliator for the industry concerned for that local area. ..... petitioner-company originally owned an agricultural estate of 1,135 acres of land on which sugarcane was cultivated by it, but after the maharashtra agricultural lands (ceiling on holdings) act, 1951, was passed, under the provisions of that act, a major part of the estate owned by the petitioner-company was taken over by the government and handed over to the maharashtra state farming corporation, leaving only 79 acres of agricultural land for the petitioner-company itself, as from 1 august, 1963. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)BomCR338; (2005)ILLJ1145Bom
..... for consideration in this appeal is: does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act) other than those specified in items 2 and 6 of schedule ..... act including sections 20 and 21, it is clear that any affected employee in an undertaking to which industrial disputes act applies or in an undertaking to which bombay industrial relations act, as the case may be may file complain aggrieved by an unfair labour practice and it cannot be said that such complaint has to be filed by a ..... section 21 which deals with the right to appear or act in proceedings relating to certain unfair labour practices stipulates that no employee in any industry to which the provisions of the bir act apply shall be allowed to appear or act or shall be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of the act except through the representative union entitled to appear under section 30 of the bir act ..... is in these circumstances that the apex court held that the provisions of section 21 do not lead to the conclusion that a union other than the representative union can appear in proceedings relating to all unfair labour practices other than those specified in items 2 and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1992)ILLJ72AP
..... the question of recognition is governed by the guidelines in the 'code of discipline' voluntarily accepted by the employer and employees and will hold good unless replaced by any statute like the bombay industrial relations act, 1946 or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 or similar provisions in force in madhya pradesh, rajasthan etc. ..... their lordships then pointed out that initially provisions were incorporated in the bombay industrial relations act 1946, for conferring the status of a recognised union with a view to see that a workman who was not a member of such a recognised union did not suffer on account of his cause being not taken by the recognised union. ..... the bombay industrial relations act, 1946 which touched almost all aspects of industrial relations applied to specified industries. ..... after referring to the trade unions act, 1926, the report says that suggestions were made in some quarters to amend the trade unions act to provide for compulsory recognition on the lines of the bombay industrial relations act, 1946. ..... coming to the third point, it is necessary to refer to section 24 of the regional rural banks act, 1976, which reads as follows :- 'power of central government to give directions :- (1) a regional rural banks shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the central government may, .....
Tag this Judgment!Court : Mumbai
Reported in : [1991(63)FLR382]; (1992)ILLJ248Bom; 1991(1)MhLj318
..... only question which, therefore, arises for my consideration is as to whether the interim order dated august 26, 1986 (exhibit 'a' to the petition) passed by the labour court in the application under section 78 and 79 of the bombay industrial relations act, 1946, can be described as a settlement or an award. ..... order in an application under sections 78 and 79 of the bombay industrial relations act, 1946, cannot be viewed as an award. ..... on february 13, 1985, the rashtriya mills mazdoor sangh, a representative union for the local areas of the cotton textile industry in greater bombay, sent an approach notice under section 42(4) of the bombay industrial relations act, 1946, in respect of 1,654 employees, including the petitioners, on the basis that the management had illegally refused to assign work to the ..... submitted, in the first instance, that the interim order passed by the labour court on application for interim relief in the application made under section 78 and 79 of the bombay industrial relations act, 1946, was a settlement. ..... this act, unless there is anything repugnant in the subject or context,- xx xx xx (b) 'award' means an interim or a final determination of any industrial dispute or of any question relation thereto by any labour court, industrial tribunal or national industrial tribunal and includes an arbitration award made under section 10a. ..... and severally from the national textile corporation (south maharashtra) ltd. ..... national textile corporation (south maharashtra) ltd. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR783; 2002(3)BomCR571; [2002(94)FLR560]
..... this petition challenges the order of the industrial court dated 15th december, 1998 declaring that the petitioner is not an 'employee' under the provisions of section 3(13) of the bombay industrial relations act, 1946 (hereinafter referred to as '1946 act').2. ..... the petitioner, therefore, filed a complaint under item 1(b) and (f) and item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the '1971 act') alleging that the first respondent had terminated his service in breach of the conditions of service applicable to him. ..... bombay industrial relations act, 1946, the definition of 'employee' as contained in the bombay industrial relations act, 1946 would prevail. ..... section 3(13) of the 1946 reads as under :-'3(13) 'employee' means any person employed to do any skilled or unskilled 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, discharged or retrenched or whose services have been terminated from employment on account of any dispute relating to change in respect of which notice is given or an application made under .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR517; 1998(2)BomCR52; [1998(79)FLR272]
..... after accepting the same an appeal is made to the management and representatives of the union in the sugar industry that they should take steps to enter into agreements incorporating the decision given by the chairman of the committee and accepted by the state government after following the procedure laid down under the bombay industrial relations act, 1946, to which the sugar industry in the state of maharashtra is amenable. ..... the government labour officer and the 5 elected representatives of the employees gave a notice of change dated 5th january, 1979 under section 42(2) of the bombay industrial relations act, 1946, demanding permanency of employees, wage scales for permanent and temporary employees, implementation of the recommendations of the second central wage board and implementation of the patil committee ..... have been entered into after giving of a notice of change and consequently, they were legally binding on all the employees in the sugar industry in the local area by virtue of sections 30 and 114 of the bombay industrial relations act, 1946. ..... the government labour officer and five elected representatives of the employees were acting as representatives of the employees within the meaning of section 30(iv) to (vi) of the bombay industrial relations act, 1946. ..... to the second submission of the petitioner to the effect that the labour court travelled beyond its jurisdiction under section 33-c(2), it has been held that the labour court has the power to interpret the awards. .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)IIILLJ367Bom; 1991(1)MhLj713
..... therein) made the necessary applications before the labour court under section 79 of the bombay industrial relations act, 1946, relying upon the same very notification i.e. ..... doshi that the cases interpreting section 3(13) of the bombay industrial relations act, 1946 cannot be useful for the purpose of interpreting and applying clauses (a), (b) or (d) of the said notification dated 30th may ..... section 122 of the bombay industrial relations act, 1946 provided that thebombay industrial disputes act, 1938 was repealed, subject to the saving clause ..... from 18th october, 1983 so as to attract section 3(13) of bombay industrial relations act, 1946 and other relevant provisions.3. ..... under section 42(4) of the bombay industrial relations act, 1946, calling upon the management to reinstate the petitioner with continuity of service and full back wages and other benefits with effect from 23rd january ..... of the fact that they are employed through a contractor and not directly, their case falls within section 3(13) of the bombay industrial relations act, 1946'.8. ..... dated 30th may, 1939 issued by the then government of bombay in exercise of powers conferred on it under the bombay industrial disputes act, 1938, and continued in force by the government of maharashtra after coming into force of tile abovereferred act of 1946. ..... the bombay industrial disputes act, 1938 was enacted to make provision for promotion of peaceful and amicable settlement of industrial disputes by conciliation and arbitration, .....
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