Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86b constitution of wage board Court: chennai Page 1 of about 1 results (0.018 seconds)

Mrf United Workers Union Rep. by Its General Secretary Vs. Government ...

Court : Chennai

Reported in : (2009)IVLLJ685Mad

..... similarly, under the bombay industrial relations act, 1946, which applies to specific industries in maharashtra and gujarat, the recognition of the collective bargaining agent is on the basis of the larger membership arrived at on the basis of the verification. ..... this union submits that the settlement deed dated 9th may, 2009 is a settlement under section 18(1) of the industrial disputes act, 1947 (in short 'the act'), which is binding only on the parties to the settlement. ..... as against this submission of respondents 4 & 5, the petitioner union points out that article 51(c) of the constitution mandates that the state shall endeavour to foster respect for international law and treaty obligations in the dealings of organized people with one another. ..... on appeal, the supreme court noted that though there was a strong demand from some sections for recognizing the bargaining agent of the workmen by a secret ballot or otherwise, the national labour commission did not countenance it for certain obvious reasons. ..... in concerted activities for the purpose of collective bargaining or other mutual aid or protection, that is to say-(a) threatening workmen with discharge or dismissal, if they join a trade union,(b) threatening a lock-out or closure, if a trade union is organized,(c) granting wage increase to workmen at crucial periods of trade union organization, with a view to undermining the efforts of the trade union organization.2. .....

Tamil Nadu Cooperative Bank Employees Association Vs. Registrar of Coo ...

Court : Chennai

..... by the wage negotiations under the proceedings of the 1st respondent in rc no.46664/2011 cbs-1 dated 7.5.2012 and further direct that the wage negotiations should proceed only with that association with enjoys majority membership of the said workers and with no other union holding that such majority union alone has the locus standi to represent the workers with regard to the industrial disputes, namely collective disputes under section 2(k) of the industrial disputes act. ..... though there are registered trade unions, there is no special law in the state of tamil nadu (in the state of maharashtra and gujarat, there is a law compelling the employer to recognise a particular trade union as the sole bargaining agent for the purpose of dealing with the employees in the said establishment ..... , the issue relating to union's recognition is non-statutory in character and covered by the guidelines evolved in tripartite labour agreement, pursuant to which the evaluation and implementation committee under the chairmanship of of registrar of cooperative societies has been constituted. ..... " 42.the four issues that came up for consideration before that full bench of the bombay high court was set out in para 1 of the judgment and for the purpose of this case, the first two issues framed by the full bench will be relevant and they are as follows: "(1)whether ..... railway board and others decided on 17 october, 2003, in writ petition no.3168 of ..... railway board and others, dated 17.10.2003 made in w.p.no.3168 of .....

Cheran Group of Companies Vs. State of Tamil Nadu and Others

Court : Chennai

Reported in : [1999]97CompCas478(Mad)

..... : [1990]1scr966 the respondent-company holds the money of the village panchayat and proceedings with respect to the company were pending before the board for industrial and financial reconstruction, but in the meantime, the panchayat sought to use the power under 129 of the bombay village panchayat act by taking recourse with the proceedings for recovering the monies due to each. 59. ..... the third and fourth respondents contend that there is no prohibition in the sick industrial companies (special provisions) act, 1985, for constitution of a new contract during the pendency of an enquiry; nor is any prior approval of the second respondent required for appointment of directors, particularly when the directors inducted were willing to bring sufficient funds to reopen the mill ..... state industrial and investment corporation of maharashtra ltd. ..... interested outside parties, as the case may be, and consequently the assistant commissioner of labour, by notice dated october 25, 1996, called the management and the union for a meeting on october 31, 1996, for resolving the dispute relating to the non-payment of wages to the workmen and the strike by the workmen.28. ..... for instance, in maharashtra tubes ltd. v. ..... state industrial and investment corporation of maharashtra ltd. ..... the apex court, again, in maharashtra tubes ltd. v. .....

Gordon Woodroffe Workers and Staff Union Vs. Joint Commissioner of Lab ...

Court : Chennai

Reported in : (2000)IILLJ1150Mad

..... to this is to be found in the proceedings of bifr where even that board had expressed as to why those 96 workers alone were discriminated against by choosing to give them a petty compensation under section 25-f of the industrial disputes act as compared to the better compensation which would have been available to them had they ..... in paragraph 33, the supreme court has clearly held that in enacting chapter v-b the intention of the parliament was to alter the existing law relating to lay-off, retrenchment and closure in relation to the larger industrial establishments falling within the ambit of chapter v-b because it was felt that the existing law enabled large scale lay-offs, retrenchments and closures by large companies ..... learned counsel argues that the company probably never had any intention to make these workers permanent and extracted the work from them for three years on meagre wages, dangling before them the carrot of] permanency in the employment and when it came to fulfil the promise permanently, an application was made to throw them ..... his further submission is that while entertaining a writ petition under article 226 of the constitution, this court could not go into the factual aspect as to whether the company in reality, was in dire financial straits and as such ..... the case of maharashtra general kamgar union (supra) which has been relied upon by the authority, there is no doubt that the bombay high court had expressed that the enquiry under section 25-n was not meant .....

Burmah Shell and Storage and Distributing Co. of India Ltd., Madras Vs ...

Court : Chennai

Reported in : AIR1957Mad60

..... the parties to a dispute stand in the relation of an employer and a workman as defined in the act, the award is null and void as lacking in an essential preliminary to the jurisdiction of the tribunal,'the learned judge observed: 'the contention raised on behalf of the petitioners that there should be an industrial dispute falling within the definition of that expression in section 2(k) of the industrial disputes act, before the government can make a reference under section 10(1)(c), or the industrial tribunal can acquire jurisdiction by reason of ..... general, who appeared for the company, was well founded in his contention, that as an industrial dispute itself is not within the jurisdiction of the high court to decide, the decision on one of the collateral issues, whether the dispute is between an employer and workmen, to constitute that dispute an industrial dispute within the meaning of the industrial disputes act, is also within the jurisdiction of the statutory tribunals created by the industrial disputes act and by the industrial disputes appellate tribunals ..... case one set of proceedings between the plaintiff and the defendants ended before the rent control board, constituted under the ordinances in kenya, where the defendants claimed they were the tenants of the ..... passage i have extracted above; see also maharashtra sugar mills v. ..... state of bombay, air 1951 sc ..... decision on a jurisdictional issue, is open to correction may be taken as well settled law: see state of bombay v. .....

Workers employed in Thambi Motor Service, represented by the Secretary ...

Court : Chennai

Reported in : AIR1963Mad163; (1963)ILLJ497Mad; (1963)1MLJ33

..... learned counsel for the union contended that it was certainly within the competence of the government, acting as it did under section 10 of the industrial disputes act, to correct any mistaken reference made by it, and that, in any event, it had the power to make a supplemental reference, adding certain questions for ..... if on the representations made by the employer or his workmen the appropriate government considers the matter fully and reaches the conclusion that an industrial dispute exists or is apprehended and then makes the reference under section 10(1), there appears to be no reason or principle to support the contention that it has an implied power to cancel its order and put an ..... from what we have stated above it will be clear that while the government, acting under section 10 of the industrial disputes act, will have the power to add to, or amplify, a matter already referred thereunder for adjudication by the tribunal, it will have no power to supersede or cancel the old reference in such a way as to effect ..... to be referred to is made clear by the fact that, on two subsequent occasions, the workers made re-presentations to the government that that reference should be amended and another reference relating to the validity of the retrenchment should be substituted in that place but the government declined to accede to that request. ..... the decision of a bench of the bombay high court in state of maharashtra v. ..... under article 225 of the constitution to quash that order. .....

Workmen, Rep. by Genl. Secretary Addisons Paints and Chemicals Ltd., A ...

Court : Chennai

Reported in : (1999)IIILLJ1583Mad

..... a case reported in : (1997)illj994sc , that now the government could authorise any person under section 34 of the industrial disputes act to file a complaint against the management and, therefore, according to the learned counsel, there would be no impediment in even ordering the appointment of public prosecutor or special public prosecutor, as the case may be, for conducting any ..... the learned counsel, however, relies on the provisions of section 34 of the industrial disputes act and the interpretation thereof by the apex court in the decision raj kumar gupta ..... decision is of no use to the petitioner as there is no such parallel rule 22 in case of tamil nadu and on interpretation putforth by the division bench of the bombay high court, the supreme court has found it unreasonable and constitutionally invalid in the decision reported in mukul dalai v. ..... though haltingly, the learned counsel for the petitioner tried to suggest that the question involved related to labour laws and, therefore, a person having specialised knowledge of the labour jurisprudence would be in a better position to conduct the prosecution, it will be very unfair on my part to say that the government counsel would not be able to ..... state of maharashtra , relying on rule 22 of maharashtra law officers (appointment, conditions of service and remuneration) rules, 1984, had held that where a private complainant is prepared to pay the legal fees for engaging such a private counsel even in the prosecution at the behest .....

Spencer Group Aerated Water Factory Employees' Union and anr. Vs. the ...

Court : Chennai

Reported in : (1997)ILLJ362Mad

..... service under the new employer are less favourable than those applicable to such workman immediately before the transfer, then his right is only to claim the notice-pay and compensation under section 25ff of the industrial disputes act and he cannot urge that he continued to be the workman of the transferor employer even after the undertaking was transferred to the new employer under whom he worked from the date ..... the objects and reasons for this amending act are as follows :- 'in a judgment delivered on november 27, 1956, the supreme court held that no retrenchment compensation was payable under section 25ff of the industrial disputes act, 1947, to workmen whose services were terminated by an employer on a real and bonafide closure of business, or when termination occurred as a result of transfer of ownership from one employer to another ..... granted to the workmen as against the petitioner (company) and/or the third respondent (purchaser) in these two i.ds 88 and 37 of 1993, after recording its finding on the question as to whether the aerated water factory constitutes a separate undertaking for the purpose of s. ..... abide by the memorandum of settlement relating to wages etc. ..... c (south maharashtra) ltd & ..... textile mill in bombay was taken over by the national textile corporation limited under the textile undertakings (taking over of management) act, 1983. ..... association of engineering workers, bombay & others : (1987)illj427sc the supreme court relied on the earlier judgment in ..... bombay .....

Tamil Nadu Atomic Power Employees Union Vs. Nuclear Power Corporation ...

Court : Chennai

Reported in : (2001)IILLJ192Mad

..... that the petitioner union opposed the proposed change through their letter dated may 6, 2000, that a strike notice was also marked to the conciliation officer, that in such circumstances, by virtue of the operation of section 20(1) of the industrial disputes act, the conciliation deemed to have commenced, that by a notice dated may 8, 2000, the conciliation officer initiated conciliation proceedings by calling upon he parties to come for conciliation on may 11, 2000, that when the proceedings pending ..... the challenge in this writ petition is to the order of the first respondent dated july 26, 2000, in and by which, the first respondent declined to refer an issue relating to the change in the shift pattern of the workmen of the second respondent as raised by the petitioner for adjudication on the ground that the said change was sought to be introduced by the second respondent after due notice under section 9-a of the industrial disputes act.2. ..... now the point that arises forconsideration in this writ petition is what is the scope, power and ambit of the first respondent while declining to refer an industrial dispute for adjudication before the forum constituted under the provisions of the industrial disputes act7. ..... state of maharashtra and anr. ..... state of bombay : (1959)illj479bom bombay union of urnalists v. ..... state of bombay : (1964)illj351sc national union of commercial employees and ors. v. .....

Tamil Nadu Atomic Power Employees' Union, represented by Its Secretary ...

Court : Chennai

Reported in : (2001)1MLJ608

..... result, and(e) slowdown response, logical analysis and warning of alertness, etc.it is claimed that the change in the shift pattern was sought to be introduced after issuing necessary notice under section 9-a of the industrial disputes act, that by virtue of the revised pattern sought to be introduced, the same would not involve any drastic change nor in the payment of the night shift allowance, that in the ..... opposed the proposed change through their letter dated 6.5.2000, that a strike notice was also marked to the conciliation officer, that in such circumstances, by virtue of the operation of section 20(1) of the industrial disputes act, the conciliation deemed to have commenced, that by a notice dated 8.5.2000, the conciliation officer initiated conciliation proceedings by calling upon the parties to come for conciliation on 11.5.2000, ..... first respondent dated 26.7.2000, in and by which, the first respondent declined to refer an issue relating to the change in the shift pattern of the workmen of the second respondent as raised by the petitioner for adjudication on the ground that the said change was sought to be introduced by the second respondent after due notice under section 9-a of the industrial disputes act.2. ..... what is the scope, power and ambit of the first respondent while declining to offer an industrial dispute for adjudication before the forum constituted under the provisions of the industrial disputes act?7. ..... maharashtra ..... bombay : air1959bom390 , bombay ..... state of bombay : .....