Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 70 award by arbitrator Page 20 of about 210 results (0.324 seconds)

Balasaheb Madhukar Bende Vs. The General Manager, BEST undertakings BE ...

Court : Mumbai

..... to the petitioner serving a demand notice on the respondent no.1 under the provisions of bombay industrial relations act now known as maharashtra industrial relations act, (for short the said act) calling upon the respondent no.1 to reinstate the petitioner in service with consequential benefits. ..... the writ jurisdiction of this court under article 227 of the constitution of indian is invoked against the judgment and order dated 1-2- 2005 passed by the learned president of the industrial court, mumbai by which order the appeal filed by the petitioner being appeal (ic) no.13 of 2004 came to be dismissed and resultantly the order dated 7-10-2003 passed by the learned judge of the 8th labour ..... from the inquiry officer both the labour court and the industrial court have concurrently held on the said two aspects against the ..... the labour court and the industrial court have held that 25 days absence could be appropriated towards sick leave which according to the courts below can be granted in an emergent situation arising if ..... notice mmj 3 of 11 wp-6804-05-(2) did not evince the expected reply from the respondent no.1, the petitioner filed an application under the said act being application no.49 of 2001 challenging the order of dismissal passed by the respondent no.1. ..... the industrial court on a reappreciation of the material on record in its appellate jurisdiction confirmed the findings of the labour court, in so far as whether the findings of the inquiry officer that the charge was proved .....

Baburam Rameshwar Vs. Phoenix Mills Ltd. and Others

Court : Mumbai

Reported in : (1999)ILLJ258Bom

..... strike was declared as illegal strike by the court under the bombay industrial relations act by it. ..... can the petitioner now contend that his termination is of no consequence and the documents filed by him before the industrial court were in ignorance of its contents, and that even if the same had beer filed before the industrial court it would make no difference as the reference pertained only to those who had not been reinstated. 9 ..... this was a case under section 25 of the industrial disputes act wherein the learned single judge held that the amount of retrenchment compensation paid could be adjusted against the dues of the workman and by merely receiving the retrenchment compensation ..... having held that the services of the petitioner were terminated by the act of dismissal which was reflected in the reference to the industrial court and consequently striking of the name of the petitioner from the reference, it cannot be said that the petitioner was in continuous service from the date of his ..... from a conjoint reading of section 2-a(i) and sub-section (6) of section 4 it is clear that though in terms of sub-section (1) of section 4 gratuity is payable to an employee on the employee ..... dated march 31, 1997 partly allowed the appeal by setting aside the order and modified it to the limited extent that it awarded interest at 12% per annum on the delayed payment of gratuity amount of rs. ..... the government of maharashtra was pleased to make a reference in respect of dismissed workmen .....

A.K. Subbaiah Vs. Sri Ramakrishna Hegde and Others

Court : Karnataka

Reported in : AIR1994Kant35; ILR1993KAR2528; 1993(4)KarLJ205

..... 86b of the bombay industrial relations act, 1946 was said to be disqualified for being a member of the legislative assembly on the ground that he was holding an office of profit. ..... in order to ascertain as to what was the intention of the governor at the time of appointment of the opposite party as deputy chairman of the planning commission in sofar as his terms and conditions relating to salary and other allowances were concerned the commission considered it appropriate to peruse the original file/documents of the government of india dealing with the said appointment. ..... even if the proviso is said to have mandated that the holder of the office should not be in receipt of or be entitled to any remuneration for being covered by the exemption under section 3, there should be evidence to show that the holder of such office was in receipt of, or entitled to receive, any remuneration other than the compensatory allowance. ..... free supply of electricity and water, it could not be said that he was profiting thereby because this would be only compensatory allowance which would compensate him for the loss which he otherwise would suffer while acting as deputy chairman of the planning commission undertaking travelling or staying in a house on account of the requirement of his presence in the office or using electricity or water while staying in such a house. ..... in that case a member of the wage board for sugar industry constituted by the government of maharashtra under s. .....

Bajirao Rajaram Patil Vs. Maharashtra State Co-operative Bank Ltd. and ...

Court : Mumbai

Reported in : 1997(2)BomCR577; (1996)98BOMLR702; [1997(75)FLR320]; (1997)ILLJ781Bom; 1997(1)MhLj526

..... act defines bombay act as the bombay industrial relations act, 1946, and, central act as industrial disputes act, 1947. ..... act, 1971; the provisions of bombay industrial relations act, 1946; and, industrial disputes act, 1947, except an individual dispute relating to dismissal, discharge, termination and retrenchment; all other disputes have to be espoused by recognised union and, therefore the industrial court did not commit any error in rejecting the complaint filed by an individual employee as not maintainable. mr. ..... act including sections 20 and 21, but where the alleged unfair labour practice in the complaint is not covered by 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 complaint aggrieved by an unfair labour practice and it cannot be said that such complaint has to be filed by a recognised union or representative union. ..... the important question that arises in this writ petition filed under articles 226 and 227 of constitution of india is whether the complaint filed by an affected employee relating to his transfer from one place to another covered under them 3, of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short, 'm.r.t.u. ..... the petitioner (for short, 'employee') was appointed in the maharashtra state co-operative bank ltd. .....

P.A. Ambure and Others Vs. Vyapari Sahakari Bank Maryadit and Others

Court : Mumbai

..... it will be necessary to make a reference to sub-section (3) of section 2 of mrtu and pulp act which reads thus:- 2(3) except as otherwise hereinafter provided, this act shall apply to the industries to which the bombay industrial relations act, 1946, bom. ..... of the matters covered by the notice of strike is registered under section 66 of the bombay act, before such submission, is lawfully revoked; (e) where an industrial dispute in respect of any of the matters covered by the notice of strike has been referred to the arbitration of a labour court or the industrial court voluntarily under sub-section (6) of section 58 or section 71 of the bombay act, during the arbitration proceedings or before the date on which the arbitration proceedings are completed or the date on which the award of the arbitrator comes into operation, whichever is later; (f) during the pendency ..... i of 1904, shall apply to such cessor, as if this act has been repealed in relation to such industry by a maharashtra act . 16. ..... state of maharashtra and others (lpa no.25 of 1987 decided on 13th march, 1987 by the nagpur bench)and submitted that approach notice was not necessary as the appellants had complied with the requirements of section 24 of the mrtu and pulp act by issuing a notice. 12. ..... the appellants issued notice of strike in accordance with sub-section (1) of section 24 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short the mrtu and pulp act ). .....

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 .....

Municipal Corporation of Greater Mumbai and Another Vs. Municipal Mazd ...

Court : Mumbai

..... was again in reference to the declaration of strike as illegal dealing with the provisions of bombay industrial relation act 1946 and mrtu and pulp act. ..... not inclined to accept this submission for the simple reason that the petitioners corporation cannot extend their case for the first time in the court, even by leading the evidence and making related submissions to treat the strike being illegal strike and/or deemed illegal strike and thereby concluded that the employees who participated in the strike, are not entitled for any exgratia amount. ..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not sanctioned by a ..... corporation and its employees and that some of the amount has already beed paid to the employees because of interim orders made by the court, following order will serve the ends of justice: order 1 industrial court shall hear and dispose of the complaint as expeditiously as possible and as far as possible within a period of three months from the date on which writ of this order is served on the ..... failure to implement award, settlement or .....

Babasaheb Kedar Shetkari Through Its Chairman and Another Vs. Madhukar ...

Court : Mumbai Nagpur

..... the said enactment was brought into force, there were only two enactments in force providing machinery for investigation and settlement of industrial disputes one was the bombay industrial relations act, 1946, which is a state legislation; and the other was the industrial disputes act, 1947, which is a central legislation. ..... study of the industrial disputes act, bombay industrial relations act on one hand and the payment of bonus act on the other hand reveals that (i) section 2(k) of the industrial disputes act defines an industrial dispute? ..... defined under section 2(g) and section 2(s) of the said act respectively; (ii)section 3(17) of the bombay industrial relations act defines an industrial dispute? ..... meaning of subsection (17) of section 3 of the bombay industrial relations act, and such a dispute can be investigated and settled as per the provisions of the said act through the machinery provided therein. ..... the complaint (ulp) no.102 of 2009 filed by the elected representatives under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the mrtu and pulp act? ..... where any money is due to an employee by way of bonus from his employer under a settlement or an award or agreement, the employee himself or any other person authorised by him in writing in this behalf, or in the case of the death of the employee, his assignee or heirs may, without prejudice to any other mode of recovery, make an .....

Engineering Employees Union Vs. Devidayal Rolling and Refineries P. Lt ...

Court : Mumbai

Reported in : 1986(2)BomCR246; (1986)88BOMLR61; [1986(52)FLR40]; 1986MhLJ331

..... division bench of this court had pointed out as follows :---'section 85 of the bombay act bombay (bombay industrial relation act) confers on the industrial court power of superintendence over the labours courts. ..... out that revisional jurisdiction of the industrial court under section 44 of the said act is analogous to its jurisdiction under section 85 of the bombay industrial relations act. ..... industrial court maharashtra, ..... shetye appearing for the petitioner has suggested, that approaching the industrial court will take longer time and may not always be helpful in furthering the ends ..... when the act itself invests the industrial court with the power of superintendence over the orders passed by the labour court and this power of superintendency is as wide as the power of superintendence under article 227 ..... power superintendence appear prima facie to be unlimited and the language of section 85 is almost identical with the language article 227 of the ..... the petitioner has an alternative and equity efficacious remedy by way of revision under section 44 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... see how the petitioner can be by passing a remedy provided by the act itself approach this court under article 227 of the constitution. ..... when there is an equally efficacious remedy provided by the act itself, i do not think it is a proper exercise of discretion to entertain this petitioner under article 227 of the constitution.accordingly, the .....

Piragonda Shidgonda Patil and ors. Vs. Ichalkaranji Urban Co-op. Bank ...

Court : Mumbai

Reported in : [1997(75)FLR678]; (1997)IILLJ533Bom

..... the first respondent pointed out that under its certified standing orders, which were certified in accordance with the provisions of chapter vii of the bombay industrial relations act, 1946 the age of superannuation is prescribed as 55 years and, therefore, the action of terminating the services of the petitioners upon reaching the age of 55 years was fully justified and did not amount to unfair labour practice as alleged or ..... the most unfortunate facet of the matter is that, neither the learned advocate who appeared before the trial court, nor the learned judge of the industrial court, really went into the question as to whether there were any model standing orders framed by the appropriate government under the bombay industrial relations act applicable to the co-operative banking industry under which the age of superannuation was fixed at 60 years. ..... all these writ petitions under articles 14, 226 and 227 of the constitution of india impugn the orders of the industrial court made on different dates in complaints under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, (hereinafter referred to as 'the act') 2. .....