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 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . the powers of the industrial court u/s 44 were held to be akin to its jurisdiction u/s 85 of the bombay industrial relations act (now maharashtra industrial relations act) ..... . 1354, 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 it ..... . no doubt the magistrate can discharge the accused at any stage of the trial if he considers the charge to be groundless, but that does not mean that the accused cannot approach the high court under section 482 of the code or article 227 of the constitution to have the proceeding quashed against him when the complaint does not make out any case against him and still he must undergo the agony of a criminal trial ..... . provisions of articles 226 and 227 of the constitution and section 482 of the code are devised to advance justice and not to frustrate it .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he submits that the bombay industrial relations act, 1946, has been extended to sugar industry on 4-10-1952 and the petitioners have got necessary certificate of registration as trade unions to ..... , annexed to the petition at exhibit "l" be declared ultra virus of the constitution of india and it be accordingly struck down; (f) pending hearing and final disposal of this petition, the execution, implementation, operation of the act no.1 of 2012 namely maharashtra agricultural lands (ceiling on holdings) act, 2011, as published in government gazette dated 2nd of february 2012 annexed to the present petition at exhibit "l" be stayed; (g) ad interim relief in terms of prayer clause (f) may kindly be granted; (h) any other just and ..... as pointed out hereinabove, the amended provision of sub-section (3) and insertion of sub-section (3a) brings about a very insignificant change inasmuch as, while granting the land to the ex-lessors, the ceiling limit of the income has been removed and the ceiling on grant upto a maximum of 1.82 hectares or 3.64 hectares, ..... however, the undertaking given by the learned counsel appearing for the state of maharashtra that permanent employees of the appellants would not be terminated and they will be paid wages at the rate last drawn as per earlier orders of hon'ble apex court dated 3rd july 2008, came to be ..... recording of the statement by the hon'ble apex court to protect their wages as per its earlier orders dated 3.7.2008 while disposing of the civil .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 189 of 1996 before the industrial court through the representative union under the bombay industrial relations act (respondent no. ..... at the cost of repetition, it may be pointed out that the regulations governing the procedure and practice of the industrial courts are framed in exercise of the delegated statutory powers vested in the industrial court under section 33 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 and such regulations validly framed, have statutory force and are required to be mandatorily followed by the industrial courts as governing the practice and procedure before it. ..... there were repeated complaints voiced in several matters arising under the provisions of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, that ex-parte orders with drastic and far reaching consequences were being made by industrial and labour courts, for the asking. ..... act, 1971 laying down the procedure for exercising the powers under section official of the said act, both by the labour courts as well as industrial courts and accordingly, the rules were amended by the industrial court sometimes in 1992. ..... state of maharashtra and others, reported in had an occasion to deal with the powers of the lower courts to entertain the applications filed under section official of the m.r.t.u. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... bombay industrial relations act, and if successful therein to seek remedy under the said act ..... contended that mere denial of status of the complainant as that of employee by the opponent, cannot non-suit the employees and such denial would not oust the jurisdiction to the industrial court to ascertain the fact situation by framing issues and asking the parties to lead evidence in mat regard, and to decide the same, possibly by summary manner. ..... has, inter alia, held that while deciding the question of maintainability of the complaint under mrtu and pulp act, the industrial court is bound to frame an issue as a preliminary issue on that count and after framing the preliminary ..... of the workmen under various labour statutes by showing that the concerned workmen are not their employees but are the employees/workmen of a contractor, or that they are merely daily wage or short term or casual employees when in fact they are doing the work of regular employees. 6. ..... in that decision the question was whether in view of section 10 of the contract labour (regulation and abolition) act, 1970 the employees of contractors stood automatically absorbed in the ..... of buildtech constructions, lokmat (supra), hindustan coca cola (supra) and maharashtra state power generation (supra) has laid down the law that a mere denial of employer-employee relationship in the written statement is not enough to oust the jurisdiction of the labour court or the industrial court. ..... maharashtra ..... maharashtra general kamgar union .....
Tag this Judgment!Court : Mumbai Aurangabad
..... ] (2) where contrary to the provisions of this act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, [or a representative union registered as such under the bombay industrial relations act, 1946], or any inspector under this act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction ..... under sub-section (3): [and in case of death of the ..... though the company is not under liquidation, nor is wound up, resorting to article 21 of the constitution of india, the workmen have a right to claim their salary considering their pathetic condition. ..... the apex court in a case of bank of maharashtra vs. ..... the learned counsel relies on the judgment of the apex court in a case of bank of maharashtra vs. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the bombay industrial relations act, and if successful therein to seek remedy under the said act thereafter. ..... as the respondents were not accepting the appellants' claim to treat them as their employees, the appellant filed a complaint under section 28(1) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter called the mrtu and pulp act) alleging that the respondents had engaged in unfair labour practices under item nos. ..... the decision of the constitution bench of this court in basti sugar mill's case (supra), was given in the context of reference of an industrial dispute under the uttar pradesh industrial disputes act, 1947. ..... a sham and nominal or a mere camouflage and if so whether by piercing the veil they should be declared to be really the employees of the principal employer are matters which could be got referred to for adjudication by seeking a reference under id act only and are totally outside the jurisdiction of the courts constituted under the maharashtra act. 9. ..... however, in the case where the complaint is filed that employees of the contractors are direct employees of the employer the court constituted under section 28 of the mrtu act will have no jurisdiction to entertain the complaint unless status of relationship gets determined in the proceedings under the industrial disputes act. ..... the industrial tribunal also gave consequential directions to the board for payment of wages, etc. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... read in harmony with all subsections of section 3 and equally, other provisions of the act, because, as far as the present case is concerned, what is relevant is the amendment to the subsection (4) of section 3 of the maharashtra municipal corporations act, by which, a proviso has been inserted and which states that, where the population of any urban area in respect of which there is an existing council constituted under the provisions of the maharashtra municipal councils nagar panchayats and industrial townships act, as per the latest census figures ..... under the city of nagpur corporation act, 1948 for the larger urban area specified in the notification issued in this respect under clause (2) of article 243q of the constitution of india shall, on and from the date of coming into force of the bombay provincial municipal corporations (amendment) and the city of nagpur corporation (repeal) act, 2011, be deemed to have been constituted under this act, and accordingly the provisions of this act shall apply to the area of ..... see how the state government was prevented from issuing a notification in the official gazettee in terms of section 3(2) specifying the urban area as a larger urban area and in relation to parbhani city. ..... thus, only to enable to publish a notification under section 3 in relation to an existing municipal council and when the urban area for which it is constituted, has a population in terms of the latest census figures exceeding 3 lakhs, that the said proviso has been .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 2(15) of the maharashtra regional and town planning act, 1966 defines the term 'local authority' incorporating 'nagar panchayat' therein since 2000 on amendment, thus; "(15) "local authority" means (a) the bombay municipal corporation constituted under the bombay municipal corporation act, or the nagpur municipal corporation act, 1948, or any municipal corporation constituted under the bombay municipal corporation act, 1949, [(b) a council and a nagar panchayat constituted under the maharashtra municipal councils, nagar panchayats and industrial township act 1965,] (c) (i) a zilla parishad constituted under the maharashtra zilla parishads ..... on behalf of the respondents it is contended that section 10(2) of the mlamd act stipulates that provisions of this act are in addition to and not in derogation of provisions of any other law relating to municipal council or other local authority. ..... section 341-b of the municipalities act provides for constitution and elections to nagar panchayat of seventeen directly elected councillors by dividing the transitional area into territorial constituencies, to be known as wards and that the provisions of section 10 of the municipalities act relating to reservation to scheduled castes, scheduled tribes, the backward class of citizens and women and section 51(1a) relating to reservation of office of president have also been made applicable. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... there is no industrial dispute under the central act (id act) or the bombay industrial relations act, 1946, pending before the industrial tribunal, which concerns all the members of the said union. 18. ..... the commencement of such proceeding; or (b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman: provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer. ..... it is only coincidental that the union is taking the lead along with the 43 workers in espousing their individual cause as is provided for under section 21 and 22 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ("the act of 1971 ?). 19. ..... (1) during the pendency of any conciliation proceeding before a conciliation officer or a board or of any proceeding before [an arbitrator or] a labour court or tribunal or national tribunal in respect of an industrial dispute, no employer shall-- (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or (b) for .....
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