Court : Supreme Court of India
Reported in : AIR2004SC269; [2004(101)FLR635]; JT2003(8)SC243; (2003)IIILLJ1156SC; (2004)1MLJ87(SC); (2003)10SCC455; 2004(86)SLJ64(SC); 2004(1)LC483(SC)
..... a bare reading of the said provision makes it clear that no proceeding under the bombay industrial relations act, 1946 or the id act shall be entertained when proceedings in respect of any matter failing within the purview of the maharashtra act is already instituted. ..... labour act, bombay industrial relations act, etc. ..... the report of the committee on unfair labour practices which preceded the maharashtra act, while noticing the fact that the expression 'unfair labour practices' was being used in all fields and areas connected with industrial relations in a wider sense and loosely worded manner and not always to mean certain activities connected with collective bargaining, sought to enumerate the types of such practices as were illustrated during course of enquiries by the employees and ..... and employees from engaging in any unfair labour practice and the existence of an undisputed or indisputable relationship of employer-employee is an essential pre-requisite for the labour or industrial court under the maharashtra act to entertain any proceedings in respect of any grievance under the said act, section 32 of the maharashtra act, it is urged is to be considered in the context of sections 26 and 27 read with the relevant-entries in the schedules, in these cases, particularly items 5, 6, 9 & 10 and in the absence of accepted or existing relationship of employer-employee duly ..... failure to implement award, settlement or agreement.10. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)ALLMR636; 1999(1)BomCR840; 1998(3)MhLj214
..... (b) whether the termination of service of an employee who is not covered under the provisions of the industrial disputes act, 1947 or the bombay industrial relations act, 1946, amounts to a dispute touching the management or business of a society, within the meaning of section 91(1) of the maharashtra cooperative societies act and(c) whether the petitioners are entitled to claim the relief of reinstatement in service with back wages and continuity, ..... termination order shall not amount to an industrial dispute, as defined under section 2(k) of the industrial disputes act, 1947 or under section 2(17) of the bombay industrial relations act, 1946.8. ..... both the petitioners do not fall within the ambit of the term 'workman', as defined under section 2(s) of the industrial disputes act, 1947 or 'employer', as defined under section 2(13) of the bombay industrial relations act, 1946. ..... belong to any of the three categories as they are neither government public servants nor 'workman', 'employee', as defined under the industrial disputes act or bombay industrial relations act, and therefore, remedy, if any, available to the petitioner is to move the co-operative court by filing a dispute under section 91(1) of the co-operative societies act, and claim the relief for damages for wrongful termination of services or for the declaration that termination order was illegal and they ..... under the bombay industrial relations ad, 1946, as he was an employee as defined under section 2(13) of the said act. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR486; 1998(3)BomCR128; (1998)1BOMLR597; [1998(79)FLR202]; 1998(1)MhLj915
..... he shall be given an opportunity to answer the charge and permitted to be defended by his representative under section 30 of the bombay industrial relations act, 1946. ..... industrial disputes act, 1947 or bombay industrial relations act, 1946. ..... the apex court was considering the right of a representative union to represent the employees in a complaint made into unfair labour practices under the provisions of the bombay industrial relations act, 1946. ..... 2 and 6 of schedule iv only and the same is conferred on the representative of the employees entitled to appear under section 30 of the bombay industrial relations act. ..... ashok vishnu kate & others, reported in (1995) 2 clr 823 the apex court observed that the maharashtra act is brought on the statute with the above purpose of regulating the activities of certain unions and for preventing certain unfair labour practices. ..... rules have been made where by model standing orders for various categories of workmen have been framed in the state of maharashtra and which are known as the bombay industrial employment (standing orders) rules, 1959. ..... counsel for the petitioners has contended that a legal adviser has no right to represent the workmen unless the law itself provides and secondly that considering the provisions of section 20 of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (for short m.r.t.u. & p.u.l.p. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR74
..... this petition is directed against the order of the first labour court holding that a complaint by an employee under section 28 (1) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the unfair labour practices act'), is not maintainable, without his complying with the provisions of section 42(4) of the bombay industrial relations act, 1946 (hereinafter referred to as 'the bombay act').2. ..... under sub-sections (1) and (2) of section 3 thereof; in this act, unless the context requires otherwise, 'bombay act' means the bombay industrial relations act, 1946, and 'central act' means the industrial disputes act, 1947. ..... in this view of the matter, the order passed by the first labour court, dismissing the complaint under section 28(1) of the unfair labour practices act, 1971, because the provisions of section 42(4) of the bombay industrial relations act were not complied with, cannot be sustained. ..... it cannot, therefore, be said that what would amount to side-stepping in respect of the bombay industrial relations act by direct reference to the labour court, would be so by filing a complaint under section 28(1) of the unfair labour practices act, as direct access to the labour court and industrial court is permitted by its express provisions.17. ..... the scope of the jurisdiction of the labour court under section (1)-d of the bombay industrial relations act came to be considered by supreme court in m/s. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)BomCR692; [2006(108)FLR665]
..... on this material, the industrial court could not have possibly come to the conclusion that the respondent was an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 and an employee within the meaning of section 3(5) of the maharashtra recognition of trade unions and prevention of trade unions act, 1971. ..... the first submission is that the respondent was not an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 and that therefore, the industrial court had no jurisdiction to entertain the complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... on the date of the institution of the complaint, the petitioner was not an employee within the meaning of section 3(5) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 and the corresponding provision of section 3(13) of the bombay industrial relations act, 1946. ..... the enquiry was instituted under the service regulations since according to the undertaking the respondent was not an 'employee' as defined in section 3(13) of the bombay industrial relations act, 1946 and the certified standing orders were not applicable to him. 2. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR605; 2009(6)MhLj268
..... referring to provisions of clause 18 of section 3 of the bombay industrial relations act, she submitted that this was an industrial matter pertaining to change and therefore, in view of the provisions of the bombay industrial relations act notice of change was required to be given. ..... next she submitted that the question had already been raised by the reference before the industrial court and by award dated 20th april, 1987, the court held that the reference was not competent under the industrial disputes act, since provisions of bombay industrial relations act applied to the industry carried on by the handloom corporation. ..... the government of maharashtra had issued a notification under section 5 of the minimum wages act fixing wages for workmen employed in handloom industry. ..... by the state handloom corporation takes exception to the order passed by learned member, industrial court, nagpur allowing respondents workmens' complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act ('mrtu & pulp act' for short), holding the petitioner guilty of engaging in unfair labour practice within the meaning of items 5 and 9 in schedule iv to the mrtu & pulp act, and directing the petitioner to bring the respondents on the timescale prescribed for the ..... the learned counsel for the petitioner also drew my attention to judgment in maharashtra srtc v. ..... maharashtra general kamgar union reported at (2001) 3 scc 101. in a.p. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj173
..... the second limb of his argument is, in the written statement filed before the industrial court in that matter, application of provisions of the bombay industrial relations act to the petitioner industry and availability of elected representatives therein was specifically pleaded and was also established while cross examining the employee. ..... (supra), shows that there the interim relief protecting the services of the employees was granted by the industrial court and this court has found that under item 1 of schedule iv, that jurisdiction was exclusively vested with the labour court. ..... 1367/1997 before industrial court, nagpur, for declaration of unfair labour practice under item 9, schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, (hereinafter referred to as act 1 of 1972) and sought direction that the petitioner should be directed to provide work to its members with wages therefor. ..... there can be no debate with this proposition that order of industrial court dated 02/2/2005 or interlocutory order of this court dated 05/12/2005 does not amount to award and therefore, it is not necessary for this court to consider the judgments cited by the learned counsel for petitioners in this respect, as already mentioned above.14. ..... learned counsel shri khan further states that the provisions of section 21(2) of the act no. ..... he states that section 28 thereof permits the individuals or their union to maintain such complaint.8. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR708; 2006(5)BomCR616; (2006)IIILLJ628Bom
..... in that case the supreme court was dealing with the question of correct interpretation of section 3(25) of the bombay industrial relations act, 1946 (for short 'the bir act'). ..... mr.deshmukh took us through the findings recorded by the industrial court, constitution and rules of the respondent-union, the relevant provisions of the act and more particularly the provisions contained in chapter iii thereof and submitted that the present case is not covered by the ratio laid down by the supreme court in the judgments of maharashtra grini kamgar union's case (supra). ..... 7 of 1994 filed by respondent no.1 -union under section 11 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the act') for being registered as recognised union of the workmen in the factory of respondent no.2 company at thane ..... , his membership is liable to be displaced if he is hit by the proviso and the explanation as settled by the supreme court in maharashtra grini kamgar union's case (supra) while dealing with section 3(25) of bir act which is in para materia with section 3(11) of the act. ..... the supreme court in maharashtra girni kamgar union's case (supra) was considering the provisions contained in section 3(25) of the bir act in the context of the question, as aforestated, fell for its ..... we are of the considered opinion that the judgment of the apex court in maharashtra grini kamgar union's case (supra) squarely applies to the facts of the present case. 27 .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR91
..... act by an employee as defined under section 3(13) of bombay industrial relations act is maintainable although no direct relationship as employer-employee exists between him and principal employer if he is employed by contractor who undertakes whole or any part of the work which is ordinarily the work of undertaking of such principal ..... quoting the observations of full bench observes as follows:perusal of the said judgment reveals that reference to full bench was necessitated in view of definition of 'employee' in section 3(13) of bombay industrial relations act. ..... labour had become a contractor and what would be the deeming effect of nonregistration by the petitioners and non obtaining valid licence under the act on the relationship.in the present case, the industrial court had merely postponed the decision on the issue of relationship of employer-employee and according to me rightly so.the industrial court is directed to frame proper issues in this respect and decide the issue on the basis of the evidence and material adduced ..... facts giving rise to the petition are as follows:the petitioners filed a complaint under section 28 of the maharashtra recognition of trade union & prevention of unfair labour practices act read with item no. ..... , therefore, prayed that their services be regularised and they be paid wages according to manisana award.3. ..... contention is that inspite of this their services have not been regularised and they are not being paid the salary according to manisana award. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj596
..... establishment of the petitioner was covered under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as the said act of 1946) and, therefore, in view of the provisions of the said act of 1946 the petitioner was employer and the respondent no. ..... 'therefore, it is clear that even after considering the definition of employer and employee in the said act of 1946 and after considering its own judgment in the case of maharashtra sugar mills, the apex court came to the conclusion that it cannot be said that when the contractor engages a contract labour in connection with the work of principle employer, the relationship of master and ..... in paragraph 104 considered its earlier judgment in the case of maharashtra sugar mills in which the question that fell for consideration was whether the contract labour was covered by the definition of the employee under the said act of 1946. ..... relied upon the definition of employer and employee under section 2(13) and 2(14) of the said act of 1946 and contended that the petitioner was the employer of ..... relied upon the definition of employer contained in section 2(14) and the definition of employee contained in section 2(13) of the said act of 1946 and contended that even it is assumed that the ..... petitions before the labour court, nagpur under section 28 read with section 7 arid item i of schedule iv of the maharashtra recognition of trade unions and unfair labour practices act, 1971 (hereinafter referred to as the act of 1971). .....
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