Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86b constitution of wage board Court: mumbai Page 1 of about 63 results (0.025 seconds)

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. .....

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. .....

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

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946 ..... 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. ..... 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 ..... 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. ..... , 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. ..... act, 1971 contending that he was not being permitted to join his duties after he recovered from his illness and this constituted ..... it is made clear that the industrial court was considering only question of status of shri valke and the observations made by it in relation to his claim for salary and wages made in exhibit 49 are not binding as .....

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 .....

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. ..... this culminated into the petitionerunion making a reference of the industrial dispute to the wage board under section 88cc of the bombay act. ..... section 73 thereof states that management of every society shall vest in a committee, constituted in accordance with the mcs act, the rules and the byelaws and the committee shall exercise such powers and perform such duties as may be conferred or imposed respectively by mcs act, the rules and the byelaws. 28. ..... before embarking on interpretation of section 73bb of the mcs act, it is necessary to have a look at article 43a of the constitution of india. ..... in that case, three banks had challenged the constitutional validity of section 73bb as it stood at that time. ..... the saraswat bank along with 20 other banks challenged the constitutional validity of section 73bb. ..... section 73bb as we have already stated is in tune with article 43a of the constitution which incorporates the philosophy of workers participation in the management. ..... godbole further submitted that if it is held that the petitionerunion alone has exclusive right to select the two employees, that will defeat provisions of section 73bb and the constitutional mandate contained in article 43a. .....

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

..... 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. ..... 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. ..... were superannuated and the posts have not been abolished, by following the procedure under bombay industrial relations act. ..... 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. ..... 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 ..... in the result, i find that the industrial court has totally misdirected itself by coming to the conclusion that the petitioners were not entitled ..... 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. ..... opposes any relief being granted to the petitioners as according to him the permanent workmen are being paid idle wages by respondent no. 1. .....