Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 70 award by arbitrator Page 7 of about 210 results (0.048 seconds)

Sangali Dist. Central Co-operative Bank Ltd. Vs. Tukaram Atmaram Jadha ...

Court : Mumbai

Reported in : (1997)IIILLJ1247Bom

..... under section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as act'). ..... was not vitiated for not framing the preliminary issue as to the validity of the domestic enquiry, the industrial court was of the view that the refusal of the petitioner-employer to permit the first respondent to be represented in the domestic enquiry by an authorised office-bearer of the general workers union was a contravention of the right under section 22(ii) of the mrtu & pulp act, 1971 and, therefore, the enquiry was bad in law. ..... in the absence of an application reserving leave to lead evidence on the merits of the charges in the written statement or contemporaneously therewith, the industrial court could have granted such liberty to the petitioner at the late stage when the appeal was beard before it. ..... of the division bench clearly supports the proposition relied upon by the industrial court and, therefore, the industrial court was right in holding that the domestic enquiry held against the first respondent was contrary to the express provisions of the mrtu & pulp act, particularly section 22(ii) of the act. ..... consequently, the first respondent had the right to be represented by general workers union by virtue of section 22(ii) of the mrtu & pulp act and the enquiry officer and the petitioner acted contrary to the terms of the said statute in declining permission to be represented by an office- ..... operative society registered under the maharashtra co-operative societies act, 1960. .....

Ramesh Raghobaji Kirtane and Others Vs. the Chandrapur District Centra ...

Court : Mumbai Nagpur

..... promotion to the complainants but giving the same to the respondents violating golden rule of the seniority, the employer _ respondent no.1 bank effected the 'change' in the condition of service without following the provisions of section 42 of the bombay industrial relations act, 1946. ..... of promotion and seniority above the complainants to respondent nos.2 to 5 from the post of peon to the post of clerk is an illegal change in accordance with section 42 of the bombay industrial relations act, 1946 ? ..... condition of service between employer and employees and therefore, granting promotion to respondent nos.2 to 5 in violation of the seniority amounted to change in condition of service without following the procedure laid down under section 42 of the bombay relations act, 1946 resulting into illegal change. ..... the original complainants filed complaints (ulp) nos.121/2006, 125/2006, 126/2006 under section 28 r/w item nos.5 and 9 of schedule iv the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short _ the mrtu and pulp act, 1971) claiming that respondent nos.2 to 5 in the complaints filed by them were promoted from the post of peon to the post of clerk by respondent no.1 - chandrapur district central cooperative bank ..... (v) 2009 (8) supreme court cases 556 (maharashtra state road transport corporation and another...versus...casteribe rajya ..... there was unfair labour practice in terms of item nos.5 and 9 of the maharashtra act no.1 of 1972. .....

The Ichalkaranji Urban Co-operative Bank Ltd. Vs. Shri Vilas Hanmant A ...

Court : Mumbai

Reported in : 1998(1)BomCR704

..... a perusal of the standing order which have been attached with the writ petition shows that the standing order have been settled by the commissioner of labour under section 35(2) of the bombay industrial relations act, 1946 for employees in the co-operative banks mentioned in the schedule appended thereto. ..... the bank has adopted standing order applicable to its employee, which have been duly certified by the commissioner of labour, bombay under section 35-c of the bombay industrial relations act, 1946. ..... the said argument was rejected by holding that the dispute in the case fell within the powers of the labour court under section 33-c(2) of the industrial disputes act and the labour court was right in holding that the workman was entitled to the special allowance. 8. ..... in that case, an appeal by special leave was filed against the order of the labour court upholding the claim of the workman for supervisory allowance in an application under section 33-c(2) of the industrial disputes act from the commencement of the new definition of workman i.e.29th august, 1956 to 31st december, 1961. ..... the case of the appellant bank was that the workman was not a workman immediately after sastri award and the labour appellate tribunal's decisions were given, and the award and the decision did not apply to him and the change in the definition could not make them applicable to him. ..... the petitioner is a co-operative bank registered under the maharashtra cooperative societies act, 1960. .....

Cosmos Cooperative Bank Ltd., Pune Vs. R.K. Banswal, Member, Industria ...

Court : Mumbai

Reported in : 1997(1)BomCR266; [1997(75)FLR617]; (1997)IILLJ1173Bom; 1996(2)MhLj955

..... section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act ..... the scheme of the bombay industrial relations act being one of ensuring industrial peace and amicable industrial relations the legislative intent to be that change, that is declared to be illegal within the meaning of section 46 of the act, which has the potential disrupting industrial relations, is frowned upon by ..... to ensure that there is no breakdown of industrial relations, even during the interregnum when an application is pending hearing and decision before the labour court, the statute has made an extraordinary provision empowering the labour court to direct ..... very continuation of the change, which is the subject matter of an application before the labor court, might adversely affect industrial relations. ..... this conclusion gets support it one looks at section 119-d of the act, which specifically provides that in any proceeding before it under this act, the industrial court, a labour court, or a wage board may pass such interim orders as it ..... matter of an application seeking a declaration of illegal change, it would be seen that, if the order of the 2 labour court is one made under clause (a) (i) or (c) of paragraph a of sub-section (1) of section 78, deciding at any change is illegal under the act then the appeal would clearly be maintainable under clause (a) of section 84(1) of the act ii before the industrial court. ..... 1985 before the industrial court, maharashtra pune impugning the order .....

Chhotabhai Jethabhai Patel Vs. Industrial Court, Nagpur

Court : Mumbai

Reported in : 1967MhLJ40

..... that the amendments effected in the bombay industrial relations act, 1946, by maharashtra act 22 of 1965 were largely made to bring out a uniform piece of legislation for adjudication and settlement of industrial disputes in the whole of the state of maharashtra. ..... section 78(1)d has been introduced for the first time in the bombay industrial relations act, 1946 ..... (3) when no settlement is arrived at in any conciliation proceeding in regard to any industrial dispute which has arisen in consequence of a notice relating to any change given under sub-section (1) or (2), no fresh notice with regard to the same change or a change similar in all material particular shall be given before the expiry of two months from the date of the completion of the proceeding within ..... section 123a repeals the central provinces and berar industrial disputes settlement act, 1947, which was the principal state legislation governing relations between the employees and the employers in the industries ..... 42(4) by maharashtra act 22 of 1965, and that charge in sub-section (4) which now requires an employee desiring a change in respect ..... section 42(4) itself has been slightly amended by making a separate provision for an application by an employee desiring a charge in respect of an industrial matter covered by ..... such startling result was contemplated or intended by the legislature in adding clause (b) to the definition section, as including an employee in the general definition earlier given in the opening part of s. .....

The Mumbai Taximen's Union and Another Vs. State of Maharashtra Throug ...

Court : Mumbai

..... he further contended that the jurisdiction of civil court was barred under sub-section (4) of section 28(1a) and under sub-section (5), it was made clear that industrial tribunal may exercise the same powers as it exercise for the purpose of deciding industrial disputes under the bombay industrial relations act, 1946. 9. ..... in the said case, the question which fell for consideration before the division bench was whether section 23 of the maharashtra private security guards (regulation of employment and welfare) scheme, 2002 which provides for exemption is only one time exemption. ..... it is obvious that section 28(1a) which has been inserted by way of maharashtra amendment act seeks to achieve a twofold purpose; firstly to ensure that there is a remedy available to a member of the registered trade union to voice his grievances in respect of three categories of cases mentioned in section 28(1a) before the industrial court and the industrial court, if it is satisfied is armed with the powers to give suitable interim directions and final orders. ..... at the same time, by incorporating the provisions of obtaining consent from the registrar, the state of maharashtra has sought to introduce a filter to ensure that frivolous cases and complaints are not filed before the industrial court and, therefore, summary scrutiny by the registrar is envisaged by the said provision. .....

Balmer Lawrie Workers' Union, Bombay and Anr. Vs. Balmer Lawrie and Co ...

Court : Supreme Court of India

Reported in : AIR1985SC311; [1985(50)FLR186]; (1985)ILLJ314SC; 1984(2)SCALE1000; 1984Supp(1)SCC663; [1985]2SCR492

..... force in the state of maharashtra a comprehensive legislation bombay industrial relations act, 1946 touching almost all aspects of industrial relations but it applies only to specified industries. ..... of bombay : (1954)illj1sc one of the contentions canvassed before the constitution bench was that section 13 of the bombay industrial relations act, 1946 as it then stood provided that a union can be registered as a representative union for an industry in a local area if it has for the whole of the period of three months next preceding the date of its application, a membership of not less than 15% .of the total number of employees employed in any industry in ..... section 20(2)(b) is more or less in pari materia with the provisions of the bombay industrial relations act, 1946 ..... (2) of section 114 of the bombay industrial relations act, 1946 provided that ..... who had been in the employment of the company prior to its, closure gave notice under section 42(1) of the bombay industrial relations act and claimed compensation for the period of closure. ..... (2) of section 114 and there was a further safeguard inasmuch as before making such a settlement, submission or award binding on all workmen, a reference to the industrial court for its ..... it was urged that these safeguards are missing inasmuch as section 20(2) would make a settlement or award to which a representative union is a party binding on all the workmen in the undertaking or the industry as the case may be and therefore, the aforementioned decision .....

Reliance Energy Limited Vs. Rashtrawadi Kamgar Sangh and ors.

Court : Mumbai

Reported in : (2009)IILLJ708Bom

..... is covered by the provisions of the bombay industrial relations act, 1946 (for short, 'the bir act'). ..... . whether a complaint filed under the mrtu & pulp act by an employee as defined under section 3(13) of the bombay industrial relations act is maintainable although no direct relationship of employer-employee exists between him ..... between the contractor and the principal employer is a sine qua non for invoking sections 3(13) and 3(14) of the bir act and since the contract had come to an end by efflux of time, there was no statutory relationship of employer employee between the appellant company and the said employees and hence the complaint was not tenable, the industrial court observed that on the date of filing of the complaint the contract was ..... supra), the supreme court held that if the employees are working under a contract covered by the contract labour (regulations & abolition) act, then the labour court or the industrial adjudicating authorities cannot have any jurisdiction to deal with the matter as it falls within the province of an appropriate court to ..... maharashtra sugar mills limited, (supra), the industrial dispute between the maharashtra sugar mills and its employees including the seasonal and contract labour was referred under section 13 of the bir act to the ..... that the industrial tribunal had no jurisdiction to arbitrate with reference to the contract labour employed in the industry ..... the industrial tribunal's award ..... upheld the company's contention and quashed the award .....

Mumbai District Co-operative Bank Ltd. Vs. Co-operative Bank Employees ...

Court : Mumbai

..... the impugned order of the labour court was passed on an interim application under section 119 (d) of bombay industrial relations act, 1946 (hereinafter referred to as "bir act") filed by the respondent-union seeking an order to restrain respondent-bank from hiring the services of one m/s synergy safe climber and property solution pvt. ..... of recruitment; (ix) that nabard has also stated in the directives that the co-operative banks can outsource the persons for maintenance and security only, in order to keep the management costs under control; (x) the government of maharashtra vide its letter dated 6-01-2010 to the district banks directed banks not to make any interim recruitment until such time the staffing pattern is finalized; (xi) the objection with regard employer-employee relationship was ..... " "46(3)-no employer shall make any change in contravention of the terms of a settlement, effective award, registered agreement or effective order or decision of a wage board;" "s.46(4)- any change made in contravention of the provisions of sub-section (1), (2) or (3) shall be illegal;" "s.46(5)- failure to carry out the terms of any settlement, award registered agreement or effective order or decision of a wage board, a labour court or the industrial court affecting industrial matters shall be deemed to be an illegal change. .....

Maharashtra State Road Transport Corporation Through Divisional Traffi ...

Court : Mumbai

Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798

..... the question which was considered by the apex court was :'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 mrtu & pulp act, 1971 other than those specified in items 2 & 6 of schedule iv thereof ? ..... sub-section (2) of section 21 is applicable to an industry wherein the bombay industrial relations act is applicable. ..... but we would like to point out that the said industrial orders act 1946 is not applicable to the corporation, since there is an exemption granted under section 13b of the industrial employment (standing orders) act, 1946, by notification dated 8th may 1957. ..... act', in a complaint relating to unfair labour practices other than those specified by items 2 & 6 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'.the division bench in paragraph 33 has observed that:'having given our fullest consideration to this submission, we are of view that sections 20 & 22 which confer rights on recognised and unrecognised union, respectively, are not determinative of the rights of unions to appear in complaints relating to unfair labour practices. .....