Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86b constitution of wage board Court: madhya pradesh Page 1 of about 1 results (0.021 seconds)

Moil Janshakti Mazdoor Sangh Vs. Union of India

Court : Madhya Pradesh

..... reliance is placed on clause 12 and 13 of code of discipline and section 16 of bombay industrial relations act 1946 to bring home the submissions that there is no automatic cessation of status as representative union ..... during course of discussions with the cmd on the said matter, he stated that at present since the industrial relation is cordial with the present recognized union of the management and there is no industrial unrest in the organization of the moil and also there is no breach of code of discipline by the said recognized union and this union is also having the largest membership amongst ..... it was, therefore, thought prudent in the interests of stable industrial relations and industrial peace to evolve a mechanism whereby the bargaining agent on behalf of the workers will have a durable stability as such agent, with a guarantee of unin-terrupted loyalty of its members and an unquestionable representative ..... other unions; and (4) that there is no better method to verify support.those who support the check off system argue: (i) that the check off or authorization to deduct union subscriptions from wages clearly shows that the respective strength of unions: (ii) that unlike the secret ballot which only shows the preference at the moment, the check off system shows the continued support for the unions ..... largest and the deepest manganese ore mines located at bhaveli, tirodu and ukwa in district balaghat in the state of madhya pradesh and some part of maharashtra state. ..... maharashtra .....

Moil Jan Shakti Majdoor Sangh Vs. Union of India

Court : Madhya Pradesh

..... bombay industrial relations act, 1946, maharashtra recognition of union and prevention of unfair practice act ..... industrial relations act ..... during course of discussions with the cmd on the said matter, he stated that at present since the industrial relation is cordial with the present recognized union of the management and there is no industrial unrest in the organization of the moil and also there is no breach of code of discipline by the said recognized union and this union is also having the ..... it was, therefore, thought prudent in the interests of stable industrial relations and industrial peace to evolve a mechanism whereby the bargaining agent on behalf of the workers will have a durable stability as such agent, with a guarantee of unin-terrupted loyalty of its members and ..... reliance is placed on clause 12 and 13 of code of discipline and section 16 of bombay industrial relations act 1946 to bring home the submissions that there is no automatic cessation of status as representative ..... those who support the check off system argue: (i) that the check off or authorization to deduct union subscriptions from wages clearly shows that the respective strength of unions: (ii) that unlike the secret ballot which only shows the preference at the moment, the check off ..... six months immediately preceding the date of reckoning along with (i) membership-cum-subscription register, (ii) receipt counterfoils, (iii) cash and account books, (iv) bank books and (v) a copy of the constitution of the union. .....

Mohammad Sagir Vs. Bharat Heavy Electricals and ors.

Court : Madhya Pradesh

Reported in : (2004)IILLJ1027MP; 2004(2)MPHT179; 2004(2)MPLJ359

..... , had it not been for the industrial disputes act, the bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, would have been within the jurisdiction of the ordinary civil courts to decide although the ordinary civil courts may not be able to grant all the reliefs that are contemplated by these acts. ..... 571 wherein it was held that if an employee seeks relief by preferring an application under sections 31 (3), 61 and 62 of madhya pradesh industrial relations act, 1960 (mpir act) after the expiration of the statutory time limit provided under the said act, the said application could not be entertained inasmuch as the provisions of section 5 of the limitation act would not be applicable to original proceedings in view of the law stated in the case ..... authority constituted under section 18 of the kerala rent act, 1965 functions as a court and the period of limitation prescribed therein under section 18 governing appeals by aggrieved parties will be computed keeping in view the provisions of sections 4 to 24 of the limitation act, 1963 ..... unequivocal mandate by the legislature it would not be appropriate to state that a claim of an employee would be thrown over board as he had not approached the labour court within the time frame ..... that it had power to condone the delay and accordingly condoned the delay and decided the controversy in favour of the petitioner and directed reinstatement in service without back-wages. .....

Madhya Pradesh Dainik Vetan Bhogi Karmachari Sangh and anr. Vs. State ...

Court : Madhya Pradesh

Reported in : 2003(4)MPHT199

..... provisions as per section 2 (5) of the bombay industrial relations act, 1946 specifically conferring power of withdrawal of any of the industry under the said act, it can not be said that in the present act by virtue of sub-section of section 1, the power to withdraw or modify a particular item from the schedule to this section is not there. ..... issue a notification applying all or any of the provisions of the act to any place in which a manufacturing process is carried on and which involves the consequences that the place is deemed a factory it was held that the persons working therein are deemed workers and is not by itself discriminatory and therefore, notification issued by the maharashtra government under section 85(1), making the bidi-rollers in the specified places 'deemed workers' ..... and entitling them to the benefits provided under the act, was also held not to be attacked on the ground that the state has issued the notification by selecting for application of the ..... 1955 sc 25, while dealing with section 27 of the minimum wages act and rule 3 under the said act held that the state government was in its competence to fix the term of the committee constituted under section 30, when it is constituted and may from time to timeextend .....

Hariram S/O Phul Singh Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 1992CriLJ2135

..... rao ganuji kolhe air 1975 sc 575, their lordships observed that dictionary meaning was not of much help in construing the term 'honorarium' which was paid to the member of a wage board constituted under bombay industrial relations act, 1946, deciding an issue raised under bombay legislature members (removal of disqualifications) act, 1956. ..... to him, the defence pleaded is not barred by section 19(1) of the act and that the plea is rather relatable to the proviso to sub-section (2) of section 10. ..... in its wisdom, the legislature devised ways and means to achieve that objective in the manner contemplated under different provisions of the act by balancing on the one hand requirements of public health and on the other hand, of due process for trial of offenders indulging in activities prejudicial to public ..... for selling adulterated goat-milk, the petitioner suffered conviction under section 7(1) read with section 16(1)(a)(i) of prevention of food adulteration act, 1954, for short, the 'act', and a sentence of six months' rigorous imprisonment besides fine of ..... the peril of repetition, it has to be pointed out that 'milk' being not defined in the act and the term 'primary food' being only defined in section 2, clause (xii-a), there can be no question of the rules controlling the act and the construction proposed being vitiated on that count, authority for special 'definition' of milk is provided by section 23(1-a)(b) read with rule 5 framed thereunder.14. ..... state of maharashtra air 1966 sc .....

Association of Medical Representatives (M and V) Vs. the Industrial Tr ...

Court : Madhya Pradesh

Reported in : AIR1967MP114; [1967(15)FLR18]; (1966)ILLJ614MP

..... pradesh government to make the reference, the tribunal held that the madhya pradesh government was not the 'appropriate government' to refer the dispute in question as the company did not carry on the industry within the state of madhya pradesh and also did not have any industrial establishment or undertaking within the state and that the state government of maharashtra was the 'appropriate government' within the meaning of section 2(a)(ii) of the act in relation to the dispute in question. ..... respondent-company had six medical representatives in the western division; four of them were members of the first petitioner-association; under article 12(iv) of the constitution of the association the resolution of the executive committee passed on 27th september 1959 ratifying the secretary's action in making an application for reference under section 10(1) was valid as if it had been passed at a general meeting of the association by all the members of the association; therefore, four out of the six medical ..... learned counsel did not dispute that the maharashtra government had jurisdiction to refer the dispute under section 10(1) as the order of termination of d'silva's services was passed at bombay and he was under the control of the bombay office of the company; but he said that the madhya pradesh government had concurrent jurisdiction inasmuch as part of the cause of action giving rise to the dispute arose within the state of madhya pradesh.5. .....

Management of the Burhanpur Tapti Mill Ltd. Vs. Industrial Court and a ...

Court : Madhya Pradesh

Reported in : AIR1965MP43; [1964(8)FLR436]

..... industrial relations act, 1960, came into force, that the reference stood transferred to the industrial court constituted under section 9 of the act of 1960 as amended in 1961.4. ..... of that decision that at one stage of the proceedings before the industrial court at nagpur, a reference was made to the bombay high court for a decision on the question whether the proceedings, in so far as they related to the nine mills, stood transferred under section 125 of the states reorganisation act to the industrial court at nagpur, according to the report, the bombay high court expressed the opinion that a reference under section 125(2) could be made if a court or tribunal entertained a doubt as to whether a ..... proceeding before it should or should not be transferred to the corresponding court or tribunal in another state, and that there was no question in the reference made to the bombay high court of transfer ..... in the reorganisation of states, nine out of eleven textile mills, stated in schedule i to the notification became located in the new state of bombay, now maharashtra, and the remaining two mills, namely, the petitioner-mill and the b. n. c. .....

Hafiz Zakir HussaIn Vs. Akola Janta Commercial Co-operative Bank Ltd.

Court : Madhya Pradesh

Reported in : AIR2008MP193

..... of the relevant statutes and entries 43, 44 and 45 of list i and entry 32 of list ii of the seventh schedule of the constitution, we answer the reference as under:co-operative banks' established under the maharashtra co-operative societies act 1960 mcs act, 1960; the andhra pradesh co-operative societies act 1964 apcs act, 1964 and the multi-state co-operative societies act 2002 mscs act, 2002 transacting the business of banking, do not fall within the meaning of 'banking company' as defined ..... in the division bench and the full bench judgments of the bombay high court are based on section 56 in part v of the 1949 act, but as we have held above, by section 56 in part v of the 1949 act, the provisions of the 1949 act only are made applicable to co-operative societies carrying on banking business and the said section 56 of the 1949 act cannot be construed to mean that the provisions of the 1993 act are also applicable to co-operative societies carrying on a banking ..... (ii) the decision in manoj tarwala (supra) has also dealt with the issue relating to applicability of 1993 act to the co-operative banks and hence, the same has been soundly distinguished by the learned single judge and no fault can be ..... took note of the definition of bank contained in recovery of debt due lo brinks rind financial institutions article (for short, '1903 act'), the definition of bank as defined under 2002 act and placing reliance on tin unreported decision of the bombay high court in khaja industries v. .....

Dhariwal Industries Limited and ors. Vs. M.S.S. Food Products

Court : Madhya Pradesh

Reported in : 2004(29)PTC45(MP)

..... on the use of given mark or get-up that the plaintiff should be able to show that the disputed mark or get-up has become by user in the country distinctive of the plaintiff's goods so that the use in relation to any goods of the kind dealt in by the plaintiff of that mark or get-up will be understood by the trade and the public in that country as meaning that the goods are the plaintiff's goods. ..... copy of fax message which goes to show that the appellant had applied to the high court for transfer and stay of several criminal cases under prevention of food adulteration act pending before different criminal courts which clearly show that several food adulteration cases are pending against the appellants and that the appellants had not been maintaining the quality of its ..... advocate for appellants has vehemently argued that once the district judge was apprised that a previous suit by the appellants has already been instituted before high court of bombay, it should have withdrawn its hands under section 10 of the code and directed the parties to approach the high court of bombay instead of giving ex parte or bi parte temporary injunction. ..... the respondent manufacturers of gutkha, pan masala and supari mix under trade name of 'malikchand' since 1959-60 and have been selling these goods at maharashtra, madhya pradesh, karnataka, gujarat and other parts of india. ..... became subsequently a deemed limited company in name of dhariwal tobacco products limited and then dhariwal industries limited. .....

Jabalpur Electric Supply Company Ltd. Vs. State Industrial Court and o ...

Court : Madhya Pradesh

Reported in : (1959)IILLJ74MP

..... as against these definitions, the bombay industrial relations act, 1946, hereinafter called the bombay act, defines these terms as below :-3(13). ..... coolies for bringing the coal to the premises of the establishment is that of the contractor but the control of the operations within the premises connected with generating the electricity is that of the company.the state industrial court further held that the contractors were liable to pay dearness allowances and bonus to the coal coolies as was paid by the petitioner to the employees and that in fixing the rates with the contractors ..... a reference was made by the state government under section 39 of the central provinces and berar industrial disputes settlement act, 1947, hereinafter called the local act to the state industrial court in respect of a dispute between the petitioner and its employees as regards the payment of bonus. ..... this petition under article 226 of the constitution of india is directed against the order of the state industrial court, madhya pradesh, respondent 1, dated 21 january 1958, holding that the coal coolies were the employees of the petitioner, the jabalpur electric supply company, ltd. ..... 1235 which was affirmed in appeal by the supreme court in maharashtra sugar mills v. ..... it is not in dispute that the coal coolies were employed by contractors who were liable to pay their wages and entitled to dismiss them or grant the leave. .....