Court : Mumbai
Reported in : 2007(6)ALLMR878; 2007(6)BomCR265; (2007)109BOMLR2229; (2008)ILLJ351Bom; 2008(2)MhLj434
..... court had partly allowed the application filed by the respondent workman under section 78 of the bombay industrial relations act. ..... cooperative bank, the provisions of the bombay industrial relations act (for short, hereinafter referred to as `bir act') are applicable to it.3. ..... the appeal under section 84 of the bir act is maintainable, both on questions of fact and law and therefore industrial court could accept the evidence which appealed to it in preference to the view taken by the labour ..... however, the industrial court while exercising appellate powers under section 84 of the bir act can always review the entire evidence on record, reassess the same and draw its own conclusions in such ..... the powers of the industrial court under section 84 while reappreciating the evidence led before the labour court are not circumscribed only to exercising the power of ..... in the present case, i have already held that the order of the industrial court does not suffer from these infirmities warranting interference under this court's writ ..... shah 2006 3 clr 512 to submit that while exercising the powers of judicial review, the labour court and the industrial court must be slow to interfere with the punishment imposed by the management. ..... further submits that in any event the backwages ought not to have been awarded since there is no evidence on record in support of his case for ..... is a registered bank under the banking regulations act and also under the provisions of the maharashtra cooperative societies act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)ALLMR372; 2006(4)BomCR21; [2006(111)FLR253]; 2006(5)MhLj277
..... the rival contentions give rise to the spinal issue as to whether in an industry covered by bombay industrial relation act, 1946 (bir act for short), the employees can resort to a strike in support of their charter of demand without complying with the provisions of the bir act and, whether compliance of the provisions of the mrtu & pulp act would absolve the employees from giving a notice under bir act. ..... . the arbitration results in an award and section 75 provides that the award shall come into operation on the date specified in the award or where no such date is specified therein on the date on which it is published ..... the petitioner is a co-operative society duly registered under the maharashtra co-operative societies act, 1960, engaged in the business of banking, having its registered office at solapur. 4. ..... 15.1.1996 and 17.1.1996 respectively passed by the industrial court, solapur; one rejecting contention of the employer that the strike resorted to by the respondents-employees of the petitioner bank was illegal and by another order holding that the petitioner-employer bank has committed unfair labour practice under item 8 of schedule iv of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (mrtu & pulp act for short) by recruiting employees during the period ..... state of maharashtra and ors. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR201; 2003(4)MhLj619
..... expression under section 3(14) of thebombay industrial relations act, 1946, hereinafter called as 'the bir act', andthereby has acted illegally ..... evidence.being so, the decisions in the cases of dattatraya kashinath and others as wellas in sakhar kamgar union, which are squarely on the basis of 'the work beingordinarily part of the undertaking' in relation to the work which was entrusted tothe workmen of the contractor, can be of no assistance to the petitioners tocontend that in the facts and circumstances in which they were employed by thecontractor for ..... bombay industrial relations act, and ifsuccessful therein to seek remedy under the said act ..... section 28 of the maharashtra recognition oftrade unions and prevention of unfair labour practices act, 1971, hereinaftercalled as 'the said act ..... the workers in terms of section 46 of the factoriesact, 1948 read with rule 79 of the maharashtra factories rules, 1963, it ..... the state government in terms of section 46 ofthe factories act, 1948 r/w rule 79 of the maharashtra factories rules, 1963,that there is any notification, either pleaded or placed on record in that regard,either before the industrial court along with the complaint or ..... undisputedly, the state government hasframed the maharashtra factories rules, 1963 in terms of the provisions of thesaid act and the rule 79(1) thereof provides that the occupier of every factorywherein more than 250 workers are ordinarily employed and which is specifiedby the state government ..... maharashtra .....
Tag this Judgment!Court : Mumbai
Reported in : [1989(59)FLR172]; (1990)ILLJ316Bom
..... as the question of law as to the interpretation of section 40a of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act') is involved in these writ petitions, they are heard together and are being disposed of by this common judgment.2. ..... the complaints were finally disposed of by a common judgment by the learned member of the industrial court on october 20, 1982 holding that there was amendment to the model standing order on october 16, 1981 by the government of maharashtra which was applicable to the workmen of the petitioner which was not implemented by the petitioner at the time of suspension of the two first respondents in both the petitions and, therefore, the petitioner committed unfair labour ..... gir-1477/2397 (iii) lab 9, l dated october 16, 1981, the labour department of the government of maharashtra amended and notified model standing orders under sub-section (5) of section 35 of the act introducing therein clause 24, sub-clause 5a, whereby provision was made for paying subsistence allowance to a suspended workman pending enquiry. ..... 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the mrtu & pulp act') against the petitioner. ..... 14 added to schedule i of the act by maharashtra act no. ..... 1862 of 1983 is concerned, the complaint of unfair labour practice was filed by the first respondent-union (maharashtra general kamgar union), being complaint (u.l.p.) no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)ALLMR424; 2000(4)BomCR226; (2000)2BOMLR639; [2000(86)FLR760]; (2000)IILLJ716Bom; 2000(4)MhLj246
..... if there was no demand, then the definition of the lock out within the meaning of the bombay industrial relations act would not be satisfied and therefore there could not be said to be a lock out as contemplated in ..... proceedings are initiated under the provisions of this act, then no proceedings can be initiated under the industrial disputes act, 1947 or bombay industrial relations act, 1947. ..... under the bombay industrial relations act it must be established that there was an element of demand and element of ..... the above background, the submissions made on behalf of the petitioners can now be examined.it is firstly contended that while considering the issue of lock out what has to be examined is the definition under the bombay industrial relations act. ..... to do justice and to arrive at a correct conclusion whether the workers were examined on behalf of themselves or on behalf of the union, all that the industrial court has done is while disposing of the complaint by the recognised union, also considered the evidence brought on record by the workmen. ..... had occasion to differentiate the view taken by a division bench of this court in maharashtra general kamgar union v. ..... apart from that section 59 would be an ..... that be so and more so considering section 32 of the m.r.t.u. & p.u.l.p. ..... counsel contends that there was no reference to the provisions of section 24(2) of the m.r.t.u. & p.u.l.p. ..... if section 24(2) is considered as also the nature of the enquiry that can be gone into under the m.r.t.u. & .....
Tag this Judgment!Court : Mumbai
Reported in : (1995)IIILLJ263Bom
..... 1 company is a unit in woollen textile industry in the local area of thane municipal corporation and is governed by the provisions of the bombay industrial relations act, 1946 that is, b.i.r. ..... 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. ..... it is difficult for us to draw the conclusion that the proceedings other than that stipulated in sub-section (2) of 21, the representative union has no legal right to appear and act on behalf of the employees and that right could be exercised by other trade unions in the field ..... , they have also impugned the interim orders passed by the learned industrial court on 23rd january, 1991 in the said complaint proceedings, under provisions of sub-clause (2) of section 30 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as 'the act no. ..... alt purposes a recognised union continues to be a representative union and shall remain as such till the recognition is lost or revoked.14 sub-section (2) of section 21 on which reliance is heavily placed on behalf of the appellant is quoted below:'21(1) ..... ..... ..... .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom56; (1968)70BOMLR298; ILR1969Bom455; (1968)IILLJ757Bom; 1968MhLJ377
..... . section 78(1)d has been introduced for the first time in the bombay industrial relations act, 1946, by section 31 of the maharashtra act , 1946, by section 31 of the maharashtra act no 22 of 1965 this maharashtra act 22 of 1965, which came into force in the whole of the state of maharashtra from 1st of may 1965 which came into force in the whole of the state of maharashtra from 1st of may 1965, which was in force in areas other than vidarbha in the maharashtra state till 1-5-1965 ..... . we have already pointed out that the amendments effected in the bombay industrial relations act, 1946, by maharashtra act of 1965 were largely made to bring out a uniform piece of legislation of legislation for adjudication and settlement of legislation for adjudication and settlement of industrial disputes in the whole of the state of maharashtra ..... . the preamble to act 22 of 1965 shows that the act made various amendments or additions and alterations to the bombay industrial relations act, 1946, because it was considered expedient to extend the bombay industrial relations act, 1946, as amended, throughout the state of maharashtra, such as vidarbha ..... . the preamble to act 22 of 1965 shows that the act made various amendments to bombay industrial relations act, 1946, which was in force in areas other than vidarbha in the maharashtra state till 1-5-1965 .....
Tag this Judgment!Court : Mumbai
Reported in : (1997)IILLJ1097Bom; 1996(1)MhLj505
..... these workmen challenged the action of the respondent in applications under sections 78 and 79 read with section 42(4) of the bombay industrial relations act, 1946. ..... out of these 165 workmen, around 142 workmen initiated proceedings under the bombay industrial relations act, 1946. ..... the retrenchment orders/notices were challenged under section 78 of the bombay industrial relations act. ..... 2 it was held that the workmen had not led positive and reliable evidence about the compliance of section 42(4) of the bombay industrial relations act. ..... ' these observations indicate that the industrial court opined that as the plea covered by section 25h of the act was raised, adjudicated nq upon and finally decided and, as the plea was finally decided, the decision in the earlier proceedings operates as resjudicata in the instant proceedings. 5. ..... the petitioner, maharashtra general kamgar union, has challenged the order of the industrial court dated november 4, iw2, passed in complaint (ulp) no. ..... 1659 of 1990 under items 5 and 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the mrtu & pulp act'). ..... the petitioner, maharashtra general kamgar union, which is espousing the cause of the workmen who had been unsuccessful before the labour court, industrial court, single judge of this court and division bench of this court, filed complaint (ulp) no. .....
Tag this Judgment!Court : Mumbai
Reported in : (1989)91BOMLR165; [1989(59)FLR530]; (1994)IIILLJ447Bom; 1989MhLJ445
..... the relevant provisions of sections 78 and 79 of the bombay industrial relations act, 1946 are as follows:section 78(1) labour court shall have power to - a. ..... petitioner had filed before the labour court for condonation of delay, the only ground which was set out by him in his application was that he had been wrongly advised to file an application under the maharashtra co-operative societies act instead of under the bombay industrial relations act, 1947. ..... on 18.2.1969 the petitioner filed a dispute before the district deputy registrar under section 91 of the maharashtra cooperative societies act, 1960 claiming reinstatement with back wages. ..... in respect of this dispute the co-operative court gave an award dated 29.1.1974 under section 96 of the maharashtra co-operative societies act, 1960 granting to the petitioner notice-pay for 6 months aggregating to rs. ..... he filed a dispute under section 91 of the maharashtra co-operative societies act, 1960 only on 18.2.1969. ..... hence the time taken by him in pursuing his remedy under the maharashtra co-operative societies act should be excluded and his application for condonation of delay should be granted. ..... secondly there is no justification at all for the delay of a period over 2 years in filing an application even before the co- operative court under section 91 of the maharashtra co-operative societies act, 1960. ..... the petitioner filed an appeal from this award before the maharashtra state co-operative appellate court being appeal no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC834; JT1993(5)SC459; 1994LabIC70; (1994)ILLJ668SC; 1993(3)SCALE894; 1994Supp(1)SCC1; [1993]Supp2SCR540
..... in this act, unless the context otherwise requires -xxxx xxxx xxxx(i) 'workman' means a workman as defined in the industrial disputes act, 1947 (xiv of 1947) or an employee as defined in the bombay industrial relations act, 1946 (bom. ..... some of the employees unions, who figure a respondents herein, filed a batch of writ petitions challenging the validity of a notification dated 9.10.92 issued by the industries, energy and labour department of the state government of maharashtra exercising the powers conferred by section 13 of the maharashtra workmen's minimum house-rent allowance act, 1983 ('act' for short). ..... with a view to provide for payment of minimum house-rent allowance to workmen employed in industries in maharashtra and to provide for matters connected therewith, the act was enacted in the year 1983 which received the assent of the president on 5.10.88, and was published in the official gazette on 17.10.88. ..... that was case arising under the maharashtra private security guards (regulation of employment and welfare) act, 1981 and section 23 empowers the government to grant exemption from the operation of the provisions of the act or any scheme thereunder in regard to all or any class of security guards employed in any factory. ..... bra 3191/992/lab/-a - in exercise of the powers conferred by sub-section (1) of section 13 of the maharashtra workmen's minimum house-rent allowance act, 1983 (mah. .....
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