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). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIAD(SC)20; AIR1998SC1233; [1999(82)FLR380]; (1998)2GLR1079; JT1998(1)SC604; (1998)ILLJ868SC; 1998(1)SCALE565; (1998)2SCC688; [1998]1SCR793
..... under the bombay industrial relations act, as it originally stood, section 9 provided that no person shall be eligible to be appointed as a judge of the labour court unless he possessed the qualifications, other than the qualification of age, laid down under article 234 of the constitution for being eligible to enter the judicial service in the state of maharashtra. ..... labour courts have been constituted in the state of maharashtra under the industrial disputes act, the bombay industrial relations act and also under the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... they also prayed that the provisions of the amended section 9 of the bombay industrial relations act and the amended section 7 of the industrial disputes act in so far as these provisions authorised the appointment of assistant commissioners of labour as judge of the labour court, were void and illegal and contrary to article 234 of the constitution. ..... in fact, in the case of the unamended bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, the qualifications of a presiding officer of the labour court were in terms of article 234 until the bombay industrial relations act was amended. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(4)AWC3567(SC); 2008(56)BLJR2023; [2008(118)FLR322]; JT2008(8)SC559; 2008(3)KLT33(SC); (2008)IIILLJ853SC; 2008(9)SCALE557; 2009(1)SLJ187(SC); 2008AIRSCW4279; 2008LABIC2621; 2008-III-LLJ-853; 2008(4)Supreme609
..... this court while dealing with and interpreting the provisions of articles 233, 234, 235, 236(a) and (b) and section 3(17) of general clauses act, bombay industrial relations act, 1946 and maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, held: (para 5 scc p. ..... labour law practitioners' association : (1998)illj868sc , the question before the high court was whether notification dated 8.3.1979 issued by the state of maharashtra under the id act, 1947 and the bombay industrial relations act and the amended section 7 of the id act, 1947 insofar as these provisions authorised the appointment of assistant commissioners of labour working as judges of the labour court were void and illegal and contrary to article 234 of the constitution. ..... - (a) he is, or has been, a judge of a high court; or (aa) he has, for a period of not less than three yeas, been a district judge or an additional judge (b) * * * * * * (c) he has for not less than five years been a presiding officer of a labour court, constituted under any law for the time being in force; (d) he holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than that of assistant commissioner of labour ..... the labour courts and the industrial tribunals have been constituted in the state of kerala under sections 7 and 7a of the industrial disputes act, 1947 (hereinafter referred to as 'the id act, 1947'). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC269; [2004(101)FLR635]; JT2003(8)SC243; (2003)IIILLJ1156SC; (2004)1MLJ87(SC); (2003)10SCC455; 2004(86)SLJ64(SC); 2004(1)LC483(SC)
..... it clear that no proceeding under the bombay industrial relations act, 1946 or the id act shall be entertained when proceedings in respect of any matter failing within the purview of the maharashtra act is already instituted. ..... act, bombay industrial relations act ..... the report of the committee on unfair labour practices which preceded the maharashtra act, while noticing the fact that the expression 'unfair labour practices' was being used in all fields and areas connected with industrial relations in a wider sense and loosely worded manner and not always to mean certain activities connected with collective bargaining, sought to enumerate the types of such practices as were illustrated ..... the constitution bench held : 'the words of the definition of workmen in section 2(z) to mean 'any person (including an apprentice) employed in any industry to do any skilled or unskilled, manual, supervisory, technical, or clerical work far hire or reward, whether the terms of employment be express or implied' are by themselves sufficiently wide to bring in persons doing work in an industry whether the employment was by the ..... adverting to the scope of the payment of wages act, 1936 and the scope of section 33-c(2) of the industrial disputed act, that these questions can be gone into by the courts and, in this context, he relied upon the decision of the high court of bombay in vishwanath tukaram v. g.m. ..... of the contract labour act is indicated in gujarat electricity board, thermal power station, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC834; JT1993(5)SC459; 1994LabIC70; (1994)ILLJ668SC; 1993(3)SCALE894; 1994Supp(1)SCC1; [1993]Supp2SCR540
..... act, unless the context otherwise requires -xxxx xxxx xxxx(i) 'workman' means a workman as defined in the industrial disputes act, 1947 (xiv of 1947) or an employee as defined in the bombay industrial relations act, 1946 ..... case may require.xxxx xxxx xxxxsection 2(i) gives the same meaning to the expression workman as defined in the industrial disputes act or an employee as defined in the bombay industrial relations act. ..... notification, a classification is made on the basis of ceiling fixed in respect of salaries as shown in column (4) which is reasonable and the workmen who are drawing the wages within the ceiling in column (4) are not affected and the limit of payment of house-rent allowance on these basis is uniformly applied to all the factories in the entire state of maharashtra without any discrimination and that such exemption in such terms is permissible within the meaning ..... counsel appearing for the petitioners submitted that section 13(1) of the act empowers the government to exempt any specific factory or establishment, subject to such conditions and restrictions, if any, and for such period or periods, as may be specified, if the government is satisfied that it is just and proper to do so in public interest or for any special reasons mentioned therein and in deciding the question whether the notification is in accordance with section 13, the substance of the notification as ..... relying on the judgment of this court in security guards board for greater bombay and thane distt. v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC311; [1985(50)FLR186]; (1985)ILLJ314SC; 1984(2)SCALE1000; 1984Supp(1)SCC663; [1985]2SCR492
..... state of bombay : (1954)illj1sc one of the contentions canvassed before the constitution bench was that section 13 of the bombay industrial relations act, 1946 as it then stood provided that a union can be registered as a representative union for an industry in a local area if it has for the whole of the period of three months next preceding the date of its application, a membership of not less than 15% .of the total number of employees employed in any industry in any local area. ..... section 20(2)(b) is more or less in pari materia with the provisions of the bombay industrial relations act, 1946. ..... there is in force in the state of maharashtra a comprehensive legislation bombay industrial relations act, 1946 touching almost all aspects of industrial relations but it applies only to specified industries. ..... the non-recognised union filed a fresh writ petition inter alia contending that clause 17 permits a compulsory exaction not permitted by the payment of wages act from the arrears payable to the workmen by the employer, without the consent of the workmen, who are not the members of the recognised union. ..... on receipt of the application, the industrial court has to cause a notice to be displayed on the notice board of the undertaking, declaring its intention to consider the said application on a date to be specified in the notice and calling upon other union or unions, if any, having membership of employees in that undertaking and the employers and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)
..... meaning would deprive the workers of the protection under bombay industrial relations act, 1946 of raising industrial disputes before the labour court and the industrial court, was also termed as incorrect argument, as firstly, there was no vested right for selecting the forum and secondly, the legislature had the competence to enact special laws for a class or section of workmen for improving their conditions of service ..... the question, which shall be taken after consulting the advisory committee constituted under section 14, shall be final.7(1) the board shall be responsible for administering a scheme, and shall exercise such powers and perform such functions as may be conferred on it by the scheme.7(2) the board may take such measures as it may deem fit for administering the scheme.7(3) the board shall submit to the state government, as soon as may ..... employment;2(11) 'unprotected worker' means a manual worker who is engaged or to be engaged in any scheduled employment;2(12) 'worker' means a person who is engaged or to be engaged directly or through any agency, whether for wages or not, to do manual work in any scheduled employment, and includes any person not employed by any employer or a contractor, but working with the permission of, or under agreement with the employer or contractor; but does ..... employment of unprotected manual workers employed in certain employments in the state of maharashtra to make provision for their adequate supply and proper and full utilization in such .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC285; [1995(71)FLR1040]; JT1995(6)SC625; 1995LabIC2714; (1996)ILLJ899SC; 1995(5)SCALE400; (1995)6SCC326; [1995]Supp3SCR702
..... act was the bombay industrial relations act, 1946 ..... the pipeline or are being attempted to be passed and proceedings are initiated for passing such ultimate orders which are alleged to be contrary to item 1 of schedule iv of the maharashtra act.sub-section (2) of section 30 of the maharashtra act lays down:in any proceeding before it under this act, the court, may pass such interim order (including any temporary relief or restraining order) as it deems just and proper (including directions to the person to withdraw temporarily the ..... for declaring certain strikes and lock-outs as illegal strikes and lock-outs; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes or according recognition to trade unions and for enforcing provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid; it is hereby enacted in the twenty-second year of the republic of ..... or reinstatement of the employee or employees with or without back wages, or the payment of reasonable compensation), as may in the opinion of the court be necessary to effectuate the policy of the act :(c) where a recognised union has engaged in or is engaging in, any unfair labour practice, direct that its recognition shall be canceled or that all or any of its rights under sub-section (1) of section 20 or its right under section 23 shall be suspended.even this provision when read with item .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC413; 1999(1)ALLMR(SC)645; [1999(81)FLR932]; JT1998(8)SC552; (1999)ILLJ416SC; 1998(6)SCALE519; (1999)2SCC143; [1998]Supp3SCR488
..... . in this connection, it is profitable to note that the phrase 'covered by the settlement' as found in the said clause of section 24 is not defined by the act nor it is defined by the bombay industrial relations act, 1946 or by the central act, namely, the industrial disputes act, 1947 ..... 1 union on behalf of its members was violative of section 24(1)(a) of the maharashtra act; (ii) whether the impugned strike notice is violative of provision of section 24(1)(b) of the maharashtra act; (iii) whether the impugned strike notice was hit by section 24(1)(i) of the maharashtra act; (iv) whether the high court, in exercise of its jurisdiction under article 227 of the constitution of india, was justified in interfering with the findings reached by the labour court; and(v) what final order?before taking up the consideration of these aforesaid points, it will be necessary to have a look ..... the maharashtra act is enacted, amongst others, for the recognition of trade unions for facilitating collective bargaining for certain undertakings, to state their rights and obligations; to confer certain powers on unrecognised unions and to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs, to define and provide for the prevention of certain unfair labour practices and to constitute courts (as independent machinery) for carrying out the purposes of according recognition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1867; 2008(3)ALLMR(SC)861; 2008(3)BomCR25; [2008(117)FLR891]; JT2008(4)SC211; (2008)IILLJ697SC; 2008(4)SCALE704; AIRSCW2618; 2008(2)Supreme760; (2008)13SCC441
..... section 59 makes it clear that if any proceeding is initiated under the the mrtu and pulp act, 1971, no proceeding shall be entertained by any authority in respect of those matters under the bombay industrial relations act, 1946 (bombay act) and industrial disputes act ..... certain strikes and lock-outs as illegal strikes and lock-out; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes or according recognition to trade unions and for enforcing provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid; it is hereby enacted in the twenty-second year of ..... to the petition are working in the canteen of the management in its factory at nagothane, district raigad in the state of maharashtra, and the management was treating them as persons employed on contract basis through a contractor named m/s rashmi caterers, who was impleaded ..... required to be done, the union is simultaneously making an application to the state contract labour advisory board to abolish the contract system as far as the canteen is concerned in the appellant-company. ..... the points for consideration in this appeal are (i) whether the industrial court is justified in issuing direction to absorb all the employees of the canteen in the company's employment and pay them wages and other benefits to the extent of last category of unskilled workers in the company; (ii) whether the high .....
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