Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 85 industrial court to exercise superintendence over labour courts Page 1 of about 168 results (0.138 seconds)

Gajanan S/O Shamrao Thakre Vs. Maharashtra State Road Transport Corpor ...

Court : Mumbai

Reported in : (2001)IIILLJ704Bom

..... section 85 of the bombay act confers on the industrial court power of superintendence over the labour courts. ..... 1354 under section 85 of: the bombay industrial relations act, 1946, the division bench of this court has observed, as under:'8. ..... the respondent corporation carried the decision of the labour court before the industrial court, maharashtra at aurangabad by filing a revision application under section 44 of the m.r.t.u. ..... industrial court, maharashtra, nagpur bench, nagpur and ors. ..... in the case of mahila grihha udyog lijjat papad 1983 i lln 643 a division bench of our high court explained the jurisdiction of the industrial court under section 44 of the act to the effect that it can exercise its powers of superintendence only in cases where errors are apparent on the face of the record evident from the orders passed by the labour court and not in findings of facts recorded by it and that the industrial court cannot embark upon a fresh reappreciation of evidence as if it was sitting as a court of appeal on facts. ..... the industrial court was moved against the judgment of the labour court under section 44 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... maharashtra state road transport corporation and ors. .....

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

Court : Mumbai

Reported in : [1979(39)FLR89]

..... the labour courts are constituted under the 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 85 of the act enable the industrial court to have superintendence over all the labour courts and permits the industrial court to call for returns; make and issue general rules and prescribe form for regulating the practice and procedure of such courts; and prescribes forms in which books, entries and accounts are kept by the labour courts. ..... 1 claimed 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. ..... kaka submits that the post held by the industrial court or the tribunal under the industrial disputes act or the bombay industrial relations act is equivalent to the district judge as the industrial court or the tribunal is exercising original civil jurisdiction in the discharge of its function. mr. .....

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. ..... , so far 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 in operation ..... , and any penalty imposed in such proceedings shall be recorded under the act so repealed.' * * * 7. .....

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

Court : Mumbai

Reported in : 2000(4)BomCR811

..... 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. ..... desiring a change in respect of (i) any order passed by the employer under standing orders, or (ii) any industrial matter arising out of the application or interpretation of standing orders, or (iii) an industrial matter specified in schedule iii (except item (5) thereof) shall make an application to the labour court (and as respect change desired in any industrial matter specified in item (5) of schedule iii, to the industrial court) : provided that no such application shall lie unless the employee (or a representative union) has in the prescribed ..... co-operatives societies under the maharashtra co-operative societies act, 1960 (hereinafter referred to as ddr) appears to have issued directions to the petitioner bank to frame service regulations for the bank employees in exercise of his powers vested in him under rule 8(a) of the maharashtra co-operative societies rules, ..... act being a special legislation in the field of employer-employee relations, it will prevail over the provisions of the maharashtra co-operative societies act, which is in the filed of co-operation and it will prevail over any other law in respect of the said matters .....

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. ..... though the appellate court did not consider the definition of employee under section 3(13) of the bombay industrial relations act, 1946, the definition of employee under the bombay industrial relations act and the definition of workman under the industrial disputes act are almost identical ..... 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 ..... 1[(3) every dispute relating to, or in connection with, any election to a committee of a society shall be referred for decision to the tribunal having jurisdiction over the place where the main office of the society is situated, whose decision thereon shall ..... is claiming is certain rights which are now conferred upon workmen and employees as result of principles of social justice which are now almost universally acknowledged all the world over. .....

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

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... , the extent of the 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 the case is before ..... jurisdiction under 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. ..... 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 with some perseverance urged. ..... industrial court, maharashtra, 1970 ..... , the question as to whether the order of dismissal was justifiable or not was within the competence of the labour court to decide on the basis of the material which 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. ..... of 1977, before the 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. ..... however, as already mentioned above the parties have not advanced their arguments before me about the correctness of exercise of recording of findings by the industrial court on this issue both under the industrial disputes act as also under the bombay industrial relations act. ..... 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. ..... 2002 iv llj (suppl) 1499 (bom noc) to urge that it is the continuous treatment spread over a sufficiently long time extended by the management to the concerned employees, which has resulted in holding that the said person was an employee or workman. ..... providing necesssary assistance to colony electrical maintenance in the residential colony, 150 quarters spread over in about 2 kms radius.f. .....

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

Court : Mumbai

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

..... 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. ..... difference to the result of this case because as stated by this court in bank karmachari sangh's case (supra), the membership criterion for representative union under section 13 is membership of not less than 25% of the total number of employees employed in any industry and not in any industrial undertaking in the industry and as long as this criterion is fulfilled the representative union is entitled to act on behalf of all employees in the industry as the representative union irrespective of individual memberships of employees in ..... if this exercise is carried out, it becomes clear that the term 'union recognized under bombay act' must be understood as union registered as representative union under the bombay act because purpose of having representatives of the society on the committee is, as we have already stated, to participate in the management of the society to protect the interest of the employees and only the representative union is competent ..... salaried employees of the society is 25 or more : (a) if the number of members of the committee thereof is 11 or less - one seat; and (b) if the number of such members is 12 or more - one additional seat for every 10 members over and above the first 11 members, shall be reserved for such employees. .....

Ashrafinath R. Yadav and ors. Vs. National Textile Corporation and ors ...

Court : Mumbai

Reported in : 2002(3)BomCR352; (2002)1BOMLR115; [2002(92)FLR1109]; 2002(1)MhLj487

..... he also urges that inany event the bar under section 59 will operate and the complaint is liable to be dismissed, in view of the fact that the petitioners had actually approached the labour court under the bombay industrial relations act.7. ..... appears that on 14th february 1995, the respondents, gave notice of change under the provisions of bombay industrial relations act for introduction of voluntary retirement scheme in some departments. ..... person were superannuated and the posts have not been abolished, by following the procedure under bombay industrial relations act. ..... as the respondents did not accede to the demand made by the petitioners to make them permanent, the petitioners filed an application under the provisions of bombay industrial relations act, 1946, complaining that the respondents had committed an illegal change claiming permanency. ..... the industrial court came to the conclusion that as the petitioners have already approached the labour court under ..... an interim order was passed whereby the industrial court directing the respondents to provide regular work to the petitioners pending hearing and final disposal of the complaint ..... this writ petition challenges the order of the industrial court dismissing a complaint filed by the petitioners under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... the petitioners are employed as badli workers in new hind textile mills, which is taken over by the 1st respondent. .....

Ambika Silk Mills Co. Ltd. and Another Vs. Maharashtra General Kamgar ...

Court : Mumbai

Reported in : 1998(2)ALLMR609; 1998(2)BomCR148; [1998(79)FLR1]; (1999)IIILLJ1095Bom; 1998(1)MhLj568

..... mention that the maharashtra general kamgar union, though is neither representative nor approved union under the bombay industrial relations act, 1946, filed a complaint of unfair labour practice under section 28 read with item 9 of schedule iv of the mrtu & pulp act against the employer company in the industrial court on 10-12-1986 ..... in collapse which was unanticipated and beyond the control of the management, the plant has stopped functioning completely and, therefore, appropriate order be passed by the state government in exercise of their powers under section 25-o(7) and direct that the provisions of section 25-o(1) shall not apply in relation to the closure of the factory establishment of the employer company with effect from 3-9-1986 for a period of three years. ..... section 25-j provides that provisions of chapter v-a shall have over-ridingeffect over all ..... the senior ward officer of g-south of the municipal corporation of greater bombay by communication dated 19-9-1986 directed the employer company to take up the work of removal of the dangerous over-hangings of the collapsed portion early under the supervision of registered structural engineer and the employer company was restrained from taking up any reconstruction work of the ..... the reference lapses and the tribunal become functus officio, will amount to a premium on negligence or inaction and will work serious inconvenience or injustice to the persons who have no control over the tribunal which is entrusted with a public duty. .....