Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86b constitution of wage board Page 1 of about 197 results (0.093 seconds)

Karbhari Bhimaji Rohamare Vs. Shanker Rao Genuji Kolhe and ors.

Court : Supreme Court of India

Reported in : AIR1975SC575; (1975)1SCC252; [1975]2SCR753

..... candidate had committed several corrupt practices, the other that the election, was liable to be set aside because he was disqualified for election as he was holding an office of profit under the state government as a member of the wage board for the sugar industry constituted by the government of maharashtra under section 86b of the bombay industrial relations act, 1946. ..... by a notification dated may 16, 1967, a new wage board for the sugar industry was constituted consisting of five members. ..... the first wage board for sugar industry was constituted in the year 1956 by a government notification development department no. ..... under section 86c the state government may make reference to the wage boards for decision of any industrial matter of industrial dispute. ..... under section 86g the order or decision of the wage board is made appealable to the industrial court. ..... section 86j confers certain powers of superintendence on the industrial court over all wage boards.4. ..... the wage board to which the 1st respondent was nominated as a member on 13th april 1971 was constituted under the provisions of chapter 12a of that act introduced by the amending act no. ..... 25/ per day of the meeting of the wage board and that they should also he allowed to draw travelling allowance and daily allowance at the rate prescribed in scale i in rule 1(1)(b) in section i of appendix xlii-a of the bombay civil services rules (vol. ii). .....

Sardar Surjeetsingh and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(6)ALLMR382; 2006(2)BomCR704; 2006(1)MhLj538

..... in karbhari's case (supra), the apex court has held that a member of the wage board of sugar industry constituted by the maharashtra government under section 86b of the bombay industrial relations act, 1946, satisfies all the tests laid down in shivmurthy's case for determining whether a person holds an office but he cannot be said to be a holder of an office of profit within the meaning of the said expression under article 191(1)(a) of the constitution so as to disqualify him to stand for election. ..... it was also sought to be contended on behalf of the respondents that the present committee is constituted under section 53 of the said act and therefore, the provisions which are applicable to the board or the committee constituted under chapter ii of the said act would not be attracted and for the same reasons clauses 15 and 16 of the said bye-laws relating to the members and the committee constituted under chapter ii of the said act would not also be attracted. ..... under clauses 15 and 16 of the said bye-laws of the gurudwara are not at all attracted in the case in hand as they relate to the members and the president of the gurudwara and the committee as constituted under chapter n of the said act, whereas, the committee which has been constituted under the impugned notifications is in exercise of the powers under section 53(2) of the said act and therefore, those provisions of the said bye-laws are not at all attracted or applicable. .....

A.K. Subbaiah Vs. Sri Ramakrishna Hegde and Others

Court : Karnataka

Reported in : AIR1994Kant35; ILR1993KAR2528; 1993(4)KarLJ205

..... 86b of the bombay industrial relations act, 1946 was said to be disqualified for being a member of the legislative assembly on the ground that he was holding an office of profit. ..... in that case a member of the wage board for sugar industry constituted by the government of maharashtra under s. ..... if that provision is read with definition of 'committee' as found in section 2(a) of the act, it should be committee or commission set up by the government of india or the government of any state in exercise of executive powers and the planning commission would not be covered by the sweep of section 2(a) as it is not a municipal body but it is a body having constitutional outfit flowing from the powers vested in the union of india under the constitution and it continues to exist uninterruptedly all throughout. ..... even if the proviso is said to have mandated that the holder of the office should not be in receipt of or be entitled to any remuneration for being covered by the exemption under section 3, there should be evidence to show that the holder of such office was in receipt of, or entitled to receive, any remuneration other than the compensatory allowance. ..... it was next submitted that even independently of this submission the relevant provision of the act would not be of any assistance to respondent 1 as the proviso to section 3(d) of the act clearly provides that the holder of any such office should not be in receipt of or entitled to, any remuneration other than the compensatory allowance .....

Jaisinh Jodhabhai Vaisya and Grofed Employees Union Vs. Laxmanbhai Ars ...

Court : Gujarat

Reported in : 2001CriLJ2002; (2001)IILLJ511Guj

..... '6.1 section 119a of the bombay industrial relations act, 1946 deals with contempt of industrial courts, labour courts and wage boards relating to omission to produce documents or to furnish any ..... indication than this to show that the high court has power to punish any person who commits contempt of industrial court, labour court or wage board in exercise of its contempt jurisdiction under article 215 of the constitution of india as well as the provisions of contempt of courts act, 1971.7. ..... (3) in the case of contempt of a wage board or a labour court, such board or court shall record the fact constituting such contempt and make a report in that behalf to the industrial court; and thereupon the industrial court may, if it considers it expedient to do so, forward ..... the above dictum and referring to the wider ambit of article 227 of the constitution which gave power to the high courts to correct errors of various kinds of all courts and tribunals in appropriate cases, in terms, held in paragraph 24 of the judgement, that the subordination for the purpose of section 3 of the contempt of courts act, 1952 means judicial subordination and not subordination under the hierarchy of courts under the ..... within the purview of the control jurisdiction of the high court and whether the recruitment of labour court judges was required to be made in accordance with article 234 of the constitution of india came up for consideration of hon'ble the supreme court in the state of maharashtra vs . .....

Mahadeo and Others Vs. State of Maharashtra through its Secretary, Dep ...

Court : Mumbai Nagpur

..... in any case, it is also not just as it appears to be less than even minimum wage for employees like peons, clerks, laboratory attendants and assistants, accountants who may qualify as skilled or unskilled workman/employee under section 2(s) of the industrial disputes act, 1947 or under section 3(13) of the bombay industrial relations act, 1946. ..... so far as the statutory provisions regulating the facets of administration are concerned, in case of an unaided minority educational institution, the regulatory measure of control should be minimal and the conditions of recognition as well as the conditions of affiliation to a university or board have to be complied with, but in the matter of day-to-day management, like the appointment of staff, teaching and non-teaching, and administrative control over them, the management should have the freedom and there ..... as per the reference order, the constitution bench had to decide on the validity of clause (5) of article 15 of the constitution inserted by the constitution (ninety-third amendment) act, 2005 with effect from 20.01.2006 and on the validity of article 21a of the constitution inserted by the constitution (eighty-sixth amendment) act, 2002 with effect from 01.04.2010. ..... hon'ble apex court noticed that under the maharashtra employees of private schools (conditions of service) regulation act, 1977, as per section 3(1) the provisions of the act apply to all private schools, whether receiving any grant-in-aid from the state government or not .....

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. ..... it is undoubtedly 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. ..... 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. ..... 1 as assistant commissioners of labour and were deputed on the date of the order under challenge to the bombay iron and steel labour board and the maharashtra state textile corporation limited, bombay, respectively. 3. .....

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. ..... it was then being submitted that the maharashtra act 22 of 1985, which had made the bombay industrial relations act, 1946 applicable to this area, should be deemed to be retrospective in operation, so as to require the respondent to file his application for reinstatement and back-wages under the new act. ..... 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 ..... 245 that the question of reinstatement of a dismissed employee constitutes an industrial dispute. ..... 227 of the constitution is directed against an order of the assistant commissioner of labour, nagpur, dated 3 january, 1966, whereby the preliminary objections raised by the petitioner were overruled. 2. .....

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 basic philosophy of the act is 'industrial relations' between the employers and the employees. ..... 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. ..... i therefore find no substance in the writ petition, as there is absolutely no illegality or infirmity in the impugned judgment and order of the industrial court, and therefore, it does not warrant any interference by this court under articles 226 and 227 of the constitution of india. ..... the petitioner bank has filed the present petition under articles 226 and 227 of the constitution of india, to challenge the judgment and order dated 1-3-1994 passed by the member, industrial court, maharashtra at pune in a complaint ulp no. .....

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

Court : Mumbai Aurangabad

..... 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. ..... bench of this court, while interpreting the provisions of section 91(1) as it stood at the relevant time, held that though the words "touching the constitution or business of the society" were unqualified and extremely wide and comprehensive, still the legislature did not intend to include in this expression "industrial dispute", as defined in the industrial disputes act or the bombay industrial relations act. ..... the appellate court considered the definition of a workman under section 2(s) of the industrial disputes act, 1947 and only on the basis of the salary drawn, has concluded that the dispute was maintainable before the cooperative court as the wages earned by the respondents were more than the limit ..... chaudhari and taking into account the physical and financial status of the respondent-employees, i am restraining the petitioner from causing any recovery of the salaries/wages that have been paid to the respondents after placing them in category no.6, in the light of the ratio laid down by the hon'ble supreme court in the case of state .....

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

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... 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 ..... 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 ..... 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 ..... 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. ..... 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' . ..... of the industrial court that is challenged in this petition under articles 226 and 227 of the constitution. 5. ..... (3) is the applicant entitled to back wages?she answered all the issues in the affirmative in ..... coal board, 1961 .....