Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 82 cognizance of offences Page 1 of about 460 results (0.135 seconds)

Shridhar Mahadeo Dhamorikar Vs. State of Maharashtra

Court : Mumbai

Reported in : (1969)71BOMLR433; (1969)IILLJ499Bom; 1969MhLJ103

..... 4 of the bombay industrial relations act, 1946, and the definition of 'commissioner of labour' in clause (9) ..... the bombay industrial relations act, 1946. ..... 4 of the bombay industrial relations act which provides for the appointments of a commissioner ..... the bombay industrial relations act. 12 ..... the bombay industrial relations act. ..... court shall take cognizance of an offence punishable under s ..... would not be a person who would have the power to remove the accused from his office having regard to the fact that he was subordinate in rank to the authority, or the corresponding authority, in the state of bombay and now in the state of maharashtra, which appointed him, he was not the competent authority for sanctioning the prosecution of the appellant. 5. ..... also the learned judge having found that the prosecution has succeeded in proving the case against the accused convicted him for both the offences and sentenced him to undergo rigorous imprisonment for a period of eighteen months and to pay a fine of rs. ..... i have no difficulty in accepting the argument advanced by the learned counsel for the state to a limited extent that for the purposes of the act a person who is not a commissioner of labour can perform the same functions as those of a commissioner of labour by virtue of the provisions ..... the latter part refers to sub-section (2) of s. 4. 11. ..... is clearly in two parts, the first part refers to sub-section (1) of s. ..... section 4 reads as follows ..... the indian penal code, or under sub-section (2) or (3a) of s. .....

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

Court : Mumbai

Reported in : [1979(39)FLR89]

..... industrial disputes act, 1947 and the bombay industrial relations act, 1946 and that under the industrial disputes act, labour courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second schedule of the act and for performing such work as may be assigned to them under the act ..... 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. ..... respondent appointing 2nd and 3rd respondents as presiding officers of the labour courts at poona and sholapur respectively; and (2) for declaring that the provisions of the amended section 9 of the bombay industrial relations act and section 7 of the industrial disputes act, in so far as they authorise the appointment of assistant commissioners of labour as judges of the labour court is void and illegal in law and contrary to ..... 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 ..... act is to decide the complaints relating to unfair labour practice described in item 1 of schedule iv and try offences punishable under this act .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : '123a ..... as soon as, by the maharashtra act 22 of 1965 the bombay industrial relations act, 1946, was made applicable to this area, the matter would be governed only by that act and, therefore, the application of the respondent under the old central provinces act could not be entertained. 5 ..... in operation, and any penalty imposed in such proceedings shall be recorded under the act so ..... as it is not inconsistent with the provisions of this act, be made, instituted, continued and availed of as if the said act had no been repealed and continues in operation : (b) any proceedings pending before the state industrial court, a district industrial court, the labour commissioner, the registrar or the wage board, conciliation proceedings, or any proceedings relating to the trial of offences punishable under the provisions of the act so repealed shall be continued and completed as if the said act has not been repealed said continued .....

Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Ltd. and Others V ...

Court : Mumbai

Reported in : (1997)IIILLJ592Bom

..... court alleging that the soot girani and its board of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same. ..... the division bench held that, though the section is marginally headed 'contempt's of industrial or labour courts', the contents of section 48 are not restricted merely to matters relating to contempt and that so far 'contempt' is concerned, the provisions were to be found only in the latter part of sub-sections (5) to (8) of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... the division bench held that the scheme of the first four sub-sections of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act shows that certain offences are created and penalties provided for them. ..... the question before the division bench was, whether a failure on the part of any person to comply with an order of the court under section 30(1)(b) or 30(2) of the maharashtra recognition of trade unions and prevention of unfair labour practices act would amount to 'contempt'. ..... 325, had to consider the situation arising under section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act. .....

Managing Dir., Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Lt ...

Court : Mumbai

Reported in : 1995(4)BomCR184; (1995)97BOMLR365

..... court alleging that the soot girani and its board of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same. ..... the division bench held that, though the section is marginally headed 'contempt of industrial or labour courts', the contents of section 48 are not restricted merely to matters relating to contempt and that so far 'contempt' is concerned, the provisions were to be found only in the latter part of sub-sections (5) to (8) of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... the division bench held that the scheme of the first four sub-sections of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act shows that certain offences are created and penalties provided for them. ..... the question before the division bench was, whether a failure on the part of any person to comply with an order of the court under section 30(1)(b) or 30(2) of the maharashtra recognition of trade unions and prevention of unfair labour practices act would amount to 'contempt'. ..... 325, had to consider the situation arising under section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act. .....

Pune District Central Co-operative Bank Ltd. Vs. Bank Karmachari Sangh ...

Court : Mumbai

Reported in : 2000(4)BomCR811

..... it is needless to mention that the petitioner bank is governed by the provisions of the bombay industrial relations act, 1946 and is also governed by the provisions of the maharashtra co-operative societies act, 1960.1 need not dwell on the point that both the statutes operate in separate fields and both have different object to be achieved ..... the crucial and interesting issue to be decided by me is whether by framing separate and independent service rules de hors the certified standing orders or in addition to the certified standing orders without following the mandatory provisions under section 42(1) of the bombay industrial relations act, 1946 amounts to unfair labour practice as contemplated under item 9 of the act.2. ..... a detailed procedure which is mandatory for framing of the standing orders is given in the chapter vii of the act and section 40 finally lays down that the standing orders framed under this chapter under section 35 in respect of the employees shall be determinative of the relations between the employer and the employees in regard to all the industrial matters specified in schedule i. ..... standing orders in respect of an employer and his employees settled under this chapter and in operation, or where there are no such standing orders, model standing orders, if any, applicable under the provisions of sub-section (5) of section 35 shall be determinative of the relations between the employer and his employees in regard to all industrial matters specified in schedule i. .....

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

Court : Mumbai Aurangabad

..... secondly, this 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, 1968. 34. ..... by the notification dated 02.11.1973, the government of maharashtra exercised its powers under section 2(4) of the bombay industrial relations act, 1946 and made the said act applicable to the nanded district from 15.11.1973 thereby covering the business of banking companies and cooperative banks. ..... (n) the bombay industrial relations act, 1946 (presently known as 'the maharashtra industrial relations act') was made applicable to the petitioner-bank with effect from 15.11.1973 vide notification dated 02.11.1973. ..... it was further held as under :- "the dispute referred to the registrar under subsection (1) of section 91 must be such as a civil court can take cognizance of and try. ..... " the position therefore, is that the dispute referred to the registrar under sub section (1) of the section 91 must be such as a civil court can take cognizance of and try. .....

Navnath Siddhappa Koli Vs. Siddheshwar Sahakari Sakhar Karkhana Limite ...

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... the revisional jurisdiction of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record of ..... kulkarni relating to the jurisdiction of the industrial court under section 44 of the pulp act, it would be better to dispose of another point which he has ..... section 44 of the pulp act before the industrial court at bombay ..... section 22 of the bihar act, the supreme court said, was not limited as that of the industrial court or labour court under section 334 of the industrial disputes act ..... industrial court, maharashtra ..... was placed before it by both the parties and if in exercise of that jurisdiction the labour court came to a finding, then that finding was not as enable to any interference at the hands of the industrial court under section 44 of the pulp act. ..... kulkarni, the learned advocate appearing in support of the petition, that the president of the industrial court has exceeded the jurisdiction vested in him by interfering with what was essentially a finding of fact ..... labour court at solapur under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, hereinafter referred to for brevity's sake as the 'pulp act' . .....

Arvind Ramdas Valke Vs. Ispat Industries Ltd. and ors.

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... said section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... : (1979)iillj194sc to state that this was the only objection taken in the written statement and there was no ground that he does not satisfy the requirements of section 3(13) of the bombay industrial relations act, 1946. ..... in said paragraph 2, the employee has pleaded that the provisions of the bombay industrial relations act, 1946 as also provisions of industrial disputes act, 1947 are applicable to the industry. ..... act, 1971 covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... he further stated that the contention of shri valke that, he was supervising the working of machines and not of men, is without any pleading and by placing reliance upon the bombay industrial relations act, 1946 and shankar chakravarti v. ..... he relied upon judgment in city and industrial development corporation of maharashtra v. r.m. ..... as against this, shri kumar, advocate for employer, contended that the contention of the employer before the industrial court was that the employee was not a workman under section 2(s) of the industrial disputes act as also under section 3(5) of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 i.e. m.r.t.u. & p.u.l.p. ..... he also relied upon the judgment of this court maharashtra state road transport corporation v. .....

Sahakari Bank Karmachari Sangh Vs. the District Deputy Registrar, Co ...

Court : Mumbai

Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118

..... the seats so reserved shall be filled by selection made by the union or unions recognized under the bombay industrial relations act, 1946 (bom.xi of 1947) or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mah. ..... respondent 3 herein (for convenience, 'the said bank') for the local areas of pandharpur taluka under the bombay industrial relations act, 1946, (for short, 'the bombay act'). ..... seats so reserved shall be filled by selection made by the union or unions recognized under the bombay industrial relations act, 1946 (bom. ..... section (7) states that industry in relation to an industry to which the bombay act applied means an industry as defined in clause 19 of section 3 of the bombay act ..... it is accepted that representative union under the bombay act is the sole bargaining agent for the entire industry and that mushrooming of unions is to be avoided for industrial harmony and peace and in the national interest and that the bombay act and the mrtu and pulp act have to be read together as they complement each other, then the words 'union recognized under the bombay act' found in section 73bb will have to be understood as union registered as representative union under the bombay act. ..... section 3(1) thereof states that the bombay act means the bombay industrial relations act, 1946. ..... godbole that we shall not permit any affidavits to be tendered in this court at this belated stage and if affidavits are filed cognizance thereof will not be taken. .....