Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 73 state government may refer industrial dispute to industrial court for arbitration Page 1 of about 214 results (0.122 seconds)

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

Court : Mumbai

Reported in : (1950)0LLJ1235Bom

..... 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 means;now, therefore, in exercise of the powers conferred by section 73 of the bombay industrial relations act, 1946 ( ..... of any employees or class 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 labour officer or otherwise it is satisfied that.... ..... setting out the facts hereinbefore stated contended that the persons constituting the so-called contract labour were not in fact employed by the company nor were they employees of the company within the definition contained in section 3(13)(a) of the bombay industrial relations act, 1946, or otherwise. .....

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

Court : Mumbai

..... on the choice of the arbitrator, does not agree to submit the dispute to arbitration without naming an arbitrator as provided in the bombay act, and thereafter, the dispute has been referred for arbitration of the industrial court under section 73a of the bombay act, or where the central act applies, while disagreeing on the choice of the arbitrator, the employer does not agree to submit the dispute to arbitration of the arbitrator recommended by the state government in this behalf, and thereafter, the dispute has been referred for adjudication of the industrial tribunal or the labour court, as the case may be, under the central act; or (i) during any period ..... the first respondent made an application under sections 78, 79, 80a and 97 of the bombay industrial relations act, 1946 (for short bir act ) before the labour court at solapur praying for a declaration that the strike commenced by the appellants with effect from 21st april, 1989 be declared as illegal. ..... 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. ..... 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 ). .....

Rajendra Zumber Jagtap and ors. Vs. Baramati Taluka Sakhar Kamgar Sabh ...

Court : Mumbai

Reported in : 2007(1)BomCR842; [2007(112)FLR1003]; 2007(1)MhLj644

..... for the petitioners drew our attention to section 21 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'trade union act') and section 33 and 33a of the bombay industrial relations act, 1946 (hereinafter referred to as the 'act of 1946 ..... herein before contained the [state] government may, at any time on the report of the labour officer or on its own motion, refer any industrial dispute between employers and employees to the arbitration of a labour court or the industrial court. ..... disputes between employees and employees may be referred by [state] government to arbitration of labour court or industrial court ..... section 33a of the act of 1946, upon which reliance was placed by him, is of no help to him, because it refers to disputes between employees and employer referred to arbitration of a labour court or the industrial court under section 72.section 72 is reproduced ..... section 21 of the mrtu & pulp act, upon which emphasis was laid on behalf of the appellants, states that no employee in an undertaking to which the provisions of the industrial disputes act applies shall be allowed to appear or act or be allowed to be represented in any proceeding relating to the unfair labour practices specified in items 2 and 6 of schedule iv except through the ..... wording of section 72 will show that it covers altogether different area and present dispute did not come before the industrial court on a reference by the government. .....

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

Court : Gujarat

Reported in : AIR1986Guj209; (1986)1GLR1

..... . under sub-section (1) of section 10, appropriate government once having formed an opinion that an industrial dispute exists or is apprehended, it may at any time, by order in writing, refer the dispute to a board for promoting a settlement thereof or may refer any matter appearing to be connected with or relevant to the dispute to a court for inquiry or may refer the dispute or any matter appearing to be, connected with or relevant to the dispute, if it relates to any matter specified in the second schedule to a labour court for adjudication ..... are in the affirmative, meaning thereby 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 subordinate to the high court, as contemplated by section 10 of the contempt of courts act, 197 1 .....

Hindustan Copper Mazdoor Sangh Vs. the Chief Labour Commissioner (C), ...

Court : Rajasthan

Reported in : 1986(1)WLN158

..... so far as the cases of bombay high court are concerned which were cited before the high court there was a provision in the bombay industrial relations act, 1946 for conferring an exclusive right on the union to represent the workmen and after dealing with those cases, it was held that mere fact that in other cases certain powers have been given to the representative union, is no ground for holding that the reference is in any way illegal. ..... a look at the provisions of chapter iii-a will show that the representative union as defined in section 2 of the id act and the employer may by a written agreement agree to submit any present or future industrial dispute or class of such disputes to the arbitration of any person whether such arbitrator is named in the said agreement or not. ..... if the conciliation proceedings fail any industrial dispute raised even by a union which does not represent the majority of the workmen, may be referred for adjudication by the government to the labour court or industrial tribunal. ..... in maharashtra, the maharashtra recognition of trade unions and prevention of unfair labour practices act (no. ..... that apart, even under clause (ix) of para 4 of the code of discipline as reproduced in para 47 of the writ petition, if in any state, statutory provisions for according recognition to the trade unions exist, the same will continue to apply for the purposes of recognition. .....

The Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

..... court has held in various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act ..... disputes which may be referred to arbitration (1) notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or the business of a cooperative society arises (a) among members, past members and persons claiming through members, past members and deceased ..... section 73 1 c or a society specified by or under section 73 g, or refusal of admission to membership by a society to any person qualified therefore or any proceeding for the recovery of the amount as arrear of land revenue on a certificate granted by the registrar under sub section (1) or (2) of section 101 or sub section (1) of section 137 or the recovery proceeding of the registrar or any officer sub ordinate to hi m or an officer of society notified by the state government, who is empowered by the registrar under sub section (j) of section ..... act can even be transferred for disposal to a person who may have been invested by the government with powers in that behalf, or may be referred for disposal to an arbitrator .....

Vaidyakiya Karmachari Sanghatana and Others Vs. Pravara Medical Trust

Court : Mumbai Aurangabad

..... industrial dispute under the central act (id act) or the bombay industrial relations act, 1946, pending before the industrial ..... any union (other than a recognised union) as may be authorised by or under the rules made in this behalf by the state government shall, in such manner and subject to such conditions as may be prescribed, have a right (i) to meet and discuss with an employer or any person appointed by him in that behalf, the grievances of any individual member relating to his discharge, removal, retrenchment, termination of ..... arbitrator, a labour court, tribunal or national tribunal under the proviso to subsection (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, [within a period of three months from the date of receipt of such application], such order in relation thereto as it deems fit:] provided that where any such authority considers it necessary or expedient so to do, it may, for ..... 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 ..... reference pertaining to 43 other employees, yet it preferred to file these approval applications only for the reason that the management, in its wisdom had the apprehension that the petitioners would contend that because the union and the 43 workers are involved in the earlier reference cases, these petitioners could be said to be connected with the industrial disputes .....

Kanak Industries Vs. General Labour Union (Red Flag), a Trade Union, R ...

Court : Mumbai

Reported in : 2007(2)ALLMR477; 2007(5)BomCR286

..... disagreeing on the choice of the arbitrator, does not agree to submit the dispute to arbitration without naming an arbitrator as provided in the bombay act, and thereafter, the dispute has been referred for arbitration of the industrial court under section 73-a of the bombay act, or where the central act applies, while disagreeing on the choice of the arbitrator, the employer does not agree to submit the dispute to arbitration of the arbitrator recommended by the state government in this behalf, and thereafter, the dispute has been referred for adjudication of the industrial tribunal or the labour court, as the case may be, under the central act; or (i) during any period ..... the supreme court observed that there are other legislations which govern the field of industrial relations including the industrial disputes act, 1947, the contract labour act, the bombay industrial relations act, 1946 etc. ..... considering the report as a legitimate external aid to construction of the act, the supreme court observed thus: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 .....

Ashok Shridhar Athavale Vs. Ratansi Muljee of Bombay Chairman of Finla ...

Court : Mumbai

Reported in : (1993)IIILLJ367Bom; 1991(1)MhLj713

..... by the said order, the labour court held that the employees of retail cloth shops were not governed by bombay industrial relations act, 1946 and the relevant notification as conducting of retail cloth shop was not necessary for running of a spinning and weaving mill and the activity of running a retail cloth shop could not be considered as integral to the department of spinning and weaving.2. ..... it will be clear from the observations made in paragraph 8 of the abovereferred judgment that in this case also learned counsel for the appellants-employers had contended that having regard to section 2(3) of the bombay industrial relations act, read with the above-referred notification dated 30th may, 1939, the said act applied only to cotton spinning and cotton weaving department, mechanics shops, dyeing and bleaching and printing departments and to no other activities of the appellant-company. ..... 2847/34-a dated 30th may, 1939 issued by the then government of bombay in exercise of powers conferred on it under the bombay industrial disputes act, 1938, and continued in force by the government of maharashtra after coming into force of tile abovereferred act of 1946. ..... the bombay industrial disputes act, 1938 was enacted to make provision for promotion of peaceful and amicable settlement of industrial disputes by conciliation and arbitration, etc. ..... xi of 1947empowered the state government to extend the provisions of the said act to all or any other industries. .....

Labour Law Practitioner's Association and Anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : [1979(39)FLR89]

..... the industrial disputes act, 1947 and in the bombay industrial relations act, 1946, the state government felt that it was open for the government to appoint assistant commissioner of labour working under the state government for a period in excess of five years and holding a law degree to this office of the labour courts. ..... true that the application of article 234 of the constitution of india was deleted from the provisions of section 9 of the bombay industrial relations act by an amendment but it cannot be lost sight of that the legislature retained the application of article 234 of the constitution to the appointment of labour courts which are constituted under the maharashtra recognition of trade unions and prevention of unfair labour practices act. mr. ..... that the amendments were carried out in the bombay industrial relations act and the industrial disputes act to facilitate the smooth working of those courts and appointments of those posts are not required to be made in consultation with the maharashtra public service commission or with the high court of the state. ..... stated earlier, the labour courts are constituted under the provisions of section 7, while section 10(1)(c) provides that where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any time, refer the dispute or any matter appearing to be connected with, or relevant to the dispute, if it relates to any matter specified in the second schedule, to a labour court for .....