Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 70 award by arbitrator Sorted by: old Page 1 of about 210 results (0.058 seconds)

The State of Bombay Vs. the Maharashtra Sugar Mills Ltd.

Court : Mumbai

Reported in : AIR1951Bom68; (1951)53BOMLR263; (1951)ILLJ137Bom

..... this dispute was referred under section 73, bombay industrial relations act, 1946. ..... the contention is that this labour was employed through the instrumentality of contractors & therefore, this labour fell within the meaning of section 3(13)(a), & the company was its employer within the meaning of section 8(14)(e), & it is from the point of view of this contention that we have to consider whether the finding of the industrial court was right or erroneous as held by the learned judge below. ..... of bombay referred an industrial dispute that had arisen between the maharashtra sugar mills, ltd. ..... now, turning to the definition, 'employee' is defined in section 3(13) & (13) (a) as 'any person employed to do any skilled or unskilled manual or clerical work for hire or reward in any industry, & includes 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). ..... may, at any time, refer an industrial dispute to the arbitration of the industrial court, if certain conditions are satisfied with which we are note concerned in this case. ..... in this case there is no suggestion by the state of bombay that the maharashtra sugar mills, ltd. ..... was presented by the company for a writ of certiorari to quash the award made by the tribunal to the extent that it awarded bonus to contract labour. .....

The Maharashtra Sugar Mills, Ltd. Vs. the State of Bombay

Court : Mumbai

Reported in : (1951)53BOMLR1003

..... an industrial dispute has arisen between the maharashtra sugar mills limited, belapur road district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other meansnow, therefore, in exercise of the powers conferred by section 73 of the bombay industria relations act, 1946 (bombay act ..... state of bombay appealed against this decision, and the appeal court on november 21, 1950, reversed this decision and held that contract labour was covered by the definition of the word 'employee' contained in the act and that the industrial court had jurisdiction to make the award. ..... and he held that the industrial court had no jurisdiction to make the award with respect to the contract labour as that ..... the government of bombay is pleased to refer the said industrial dispute to the arbitration of the industrial court.it was urged on behalf of the appellants before the industrial court that contract labour was not covered by the definition of 'employee' under the act and that the court had therefore no jurisdiction to go into the dispute in regard to contract labour ..... the sole question for decision is whether the industrial court acted with jurisdiction in making the award as regards the bonus to be paid to contract .....

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 .....

The Maharashtra Sugar Mills, Ltd. Vs. the Industrial Court and ors.

Court : Mumbai

Reported in : (1950)0LLJ1235Bom

..... industrial dispute has arisen between the maharashtra sugar mills, limited, belapur road, district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other means;now, therefore, in exercise of the powers conferred by section 73 of the bombay industrial relations act, 1946 ..... of employees;...and(d) all questions of what is fair and right in relation to any industrial matter having regard to the interest of the person immediately concerned and of the community as a whole.section 73 of the act invests the provincial government with power to refer industrial dispute to industrial court for arbitration and is in terms following: notwithstanding anything contained in this act, the provincial government may, at any time, refer an industrial dispute to the arbitration of the indus trial court, if on a report made by the ..... considerable evidence was led before the industrial court and the industrial court made its award on the 8th december 1949 whereby it awarded bonus equal to 3/8th of the total basic earnings earned during the year 1947-48 on the ..... this award was published in the government gazette on the 29th december 1949 and the petitioners filed this petition for the reliefs which i have mentioned above on .....

Mohammedbhikhan Hussainbhai and Etc. Vs. the Manager, Chandrabhanu Cin ...

Court : Gujarat

Reported in : AIR1986Guj209; (1986)1GLR1

..... that the labour courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 and the industrial courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 are courts and courts subordinate to the high court in terms of section 3 of the contempt of courts act, 1971 or rather section 10 thereof and equally nominee of the registrar acting under section 96 of the gujarat co-operative societies act, 1961 and deciding disputes under section 101 and the co-operative tribunal under that act are courts and that too courts ..... it was held that as the arbitrator appointed by the parties derives his power not through any statute, but only through the agreement of parties, his award was an award of arbitrator simpliciter and could not be elevated to the status of an award of tribunal within the contemplation of article 136 of the constitution. ..... held -'the officers on special duty appointed by the state government in exercise of the powers under section 3 of the maharashtra co-operative societies act 1960 under the maharashtra government notification dated 11-3-1969 are courts within the meaning of the contempt of courts act while discharging their duties under the state act'.the following pertinent observations having been made in the report 'mainly two criteria have been laid down by the decided cases in order to constitute the tribunal .....

Co-operative Bank Employees' Union and Ors. Vs. State of Maharashtra a ...

Court : Mumbai

Reported in : [2004(101)FLR88]; (2004)IILLJ519Bom

..... whether an employee as defined under section 3(13) of the bombay industrial relations act, 1946 (for short bir act) alone would be eligible to be selected and nominated as employee-director under the provisions of section 73-bb of the maharashtra co-operative societies act, 1960 (for short 'the act') is the short question which falls for determination in this petition under articles 226 and 227 of the constitution.2. ..... 40 of 1998 before the industrial court, kolhapur under section 28 read with items 5, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short m.r.t.u & p.u.l.p. ..... if we accept the submission of the bank we would be in fact rewriting section 73-bb, altering the tenor and purport of the section, as plain language of the section does not even remotely suggest that only employees defined in sub-section (3) of section 13 of the bir act would be nominated as nominee director.5. ..... therefore, they are not the employees within the meaning of section 3(13) of bir act and as such they are not entitled to represent the employees on the board of directors. ..... the argument of the bank is that only employees covered by section 3(13) of bir act are entitled for nomination as nominated directors. ..... 4 bank in accordance with the provisions of section 73-bb of the act and communicated their names to the election officer as well as the bank. .....

Vaidyakiya Karmachari Sanghatana and Others Vs. Pravara Medical Trust

Court : Mumbai Aurangabad

..... there is no industrial dispute under the central act (id act) or the bombay industrial relations act, 1946, pending before the industrial tribunal, which concerns all the members of the said union. 18. ..... it is only coincidental that the union is taking the lead along with the 43 workers in espousing their individual cause as is provided for under section 21 and 22 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ("the act of 1971 ?). 19. ..... (1) during the pendency of any conciliation proceeding before a conciliation officer or a board or of any proceeding before [an arbitrator or] a labour court or tribunal or national tribunal in respect of an industrial dispute, no employer shall-- (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or (b) for ..... issues as regards whether the enquiry was conducted fairly, whether the findings of the enquiry officers are sustainable, whether the punishment awarded is shockingly disproportionate etc. .....

Mitha Rustomji Murzban Vs. Nusserwanji Nowroji Engineer

Court : Mumbai

Reported in : (1941)43BOMLR631

..... is upon the defendant to show that the subject commented upon is a matter of public interest, that the statements of fact relating thereto are true, and that the comment based upon the facts is a fair and bonafide comment. ..... that the parsi community is divided over the merits of this question, which has been agitated for many years in bombay, the 'orthodox' section of the community, as it is called, being against the appearance of parsi men and women together on the stage, and the other section called the 'reformists' pulling the other way. ..... , however, two independent witnesses, who belong, no doubt, to what is called the 'orthodox' section, and are friends of the defendant, but who cannot be said to be partisan witnesses. ..... taking all the circumstances, including the defendant's conduct in relation to this case, into consideration, i order the defendant to pay three quarters of the plaintiff's taxed costs in ..... know that the play was about to be staged, started an agitation in the columns of his paper kom sevak, not against the staging of the play, but against parsi men and women taking part in acting plays upon the stage, whether as amateurs or professionals. ..... the last words 'act as actresses on the stage' are printed in bold type in ..... ; if so dire is the consequence in connection with a girl attending a class, have you as well as the people concerned any idea as to the extent to which the future of the parsi girls would be spoiled by making them act as actresses on the stage? 9. .....

Emperor Vs. Khandubhai K. Desai

Court : Mumbai

Reported in : (1944)46BOMLR104

..... the industrial court decided on march 20, 1942, under section 55 of the bombay industrial disputes act, that the strike of the applicants was an illegal strike, and that the change made by the mill authorities was an illegal change. ..... a strike is illegal if it is commenced or continued in the circumstances mentioned in any of the eight clauses of section 62(1) of the bombay industrial disputes act, 1938. ..... , under sections 66 and 67 of the bombay industrial disputes act, 1938. ..... on january 20, 1943, the mill authorities prosecuted the applicants under sections 66 and 67 of the bombay industrial disputes act. ..... the contention urged on behalf of the applicants both before the trial magistrate and before the sessions judge was that persons can be punished under sections 66 and 67 as strikers or as instigators of a strike only if the strike continues after it has been declared illegal by the industrial court, and that they cannot be punished for any act of theirs in instigating or taking part in a strike prior to the declaration that the strike was illegal. ..... there is no doubt that sections 65, 66 and 67 are intended to punish an illegal strike, and an illegal lock-out, and instigation to an illegal strike and an illegal lock-out, provided they are declared to be illegal by the industrial court, whether the illegal act is committed before or after the declaration. .....

The Governor General in Council Vs. Shiromani Sugar Mills Limited (In ...

Court : Mumbai

Reported in : (1946)48BOMLR483

..... the winding up of the company and only upon the application of a company, a creditor, or a contributory, to restrain 'further proceedings in any suit or proceeding against the company upon such terms as the court thinks fit'; and (d) that section 171 by contrast provides that 'after a winding up order has been made or a provisional liquidator appointed, no suit or other legal proceeding shall be proceeded with or commenced against the company, except by leave of the court and subject ..... ' if it be considered that the effect of the income-tax authorities putting the machinery of section 46 of the income-tax act in motion for the collection of arrears of income-tax is to bring into operation all the appropriate legal enactments relating to the collection of land revenue in the province concerned, it is, in our judgment, very difficult to say that they are not taking a ' legal proceeding,' in fact, in this very case, had the company not been in liquidation, the ..... supposition the proviso is wholly nugatory; for if the supreme court is to inquire whether the defendants in this matter concerning the public revenue were right in the demand made, and to decide in their favour only if they acted in entire conformity to the regulations of the governor, and council of bombay, they would equally be entitled to succeed, if the statutes and the charters contained no exception or proviso for their protection. ..... the punjab industrial bank ltd. .....