Court : Mumbai
Reported in : (2001)ILLJ187Bom
..... one of the points canvassed in the written statement and which was the only point urged before me, was the refusal of work by the employer to the workman may amount to a closure within the meaning of section 3(8a) of the bombay industrial relations act which would merely give a right to claim compensation for such closure. ..... the corporation was that even if there was a refusal to provide work as alleged, this would amount to a closure and, nonetheless, the legality and justification for the closure would need to be determined in an adjudication under the bombay industrial relations act, in the absence of which the workers would not be entitled to any relief. ..... , the remedy, if any, under the provisions of the bombay industrial relations act cannot operate to oust the remedy under the mrtu & pulp act, 1971. ..... the workman had also moved an application under section 33-c(2) of the industrial disputes act, 1947 for the payment of salary for the prior period ending on june 30, 1990 ..... the industrial court justifiably held that in these circumstances, it was not open to the corporation to select a few employees for : being allotted work and for the payment of wages. ..... however, while terminating the contract, he has to give one month's notice in writing or salary or wages, as the case may be, for one month in lieu of the notice. ..... the complaint in question was filed under items 5 and 9 of schedule iv to the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR842; [2007(112)FLR1003]; 2007(1)MhLj644
..... counsel for the petitioners drew our attention to section 21 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'trade union act') and section 33 and 33a of the bombay industrial relations act, 1946 (hereinafter referred to as the 'act of 1946'). ..... there very question involved in that appeal was:does a representative-union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the industry concerned in complaints relating to unfair labour practices under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act) other than those specified in items 2 and 6 of the schedule iv thereof.in this judgment the supreme court also relied upon the judgment in the case of girja ..... under the scheme of the bombay industrial relations act, any industrial dispute with regard to the industrial matters not specified in schedules i and iii can only be raised by employees by issuing a notice of change under sub-section (2) of section 42, which can only be done through the representative of employees. ..... under the scheme of the bombay industrial relations act, the representation on behalf of the employees is industrywise. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR78; 2007(1)BomCR529; (2007)109BOMLR1; [2006(108)FLR879]; (2007)IILLJ217Bom; 2007(1)MhLj659
..... act which applies to establishments covered by the provisions of that act and those industries covered by the provisions of the bombay industrial relations act.the code of discipline has emerged from a consensus on the part of industries and unions ..... by the concerned implementation officer or an officer of the central or state industrial relations machinery. ..... the latter,then in a situation where the total unionised strength is less than 50% of the work force, and this is the average scenario in our country, then a minority will be negotiating for the entire establishment/industry/region; on the other hand, if the entire workforce were to participate, then it is argued this may; weaken the urge or inducement for non-unionised workers to become members of one or other of the ..... 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 ..... 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 ..... statutory enactment in the state of maharashtra are contained in the provisions ..... 141 of the constitution would be that ratio ..... board .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR80
..... has stated that because of this exercise undertaken by the industrial court, employer did not get opportunity to address that court to show that charge sheet was served within reasonable time, or then also to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, were only directory. ..... support its finding that charge sheet needed to be issued within a reasonable time it mentioned provisions of section 78 [1][d][i] of the bombay industrial relations act, it is to be noted that in paragraph no. ..... to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, are only directory he has relied upon the division bench judgment of this court reported at : 1994 [1] bcr 593 maniram nayansingh thapa and ors. ..... consideration of complaint above shows that the pendency of matter before the labour court, the fact of esi treatment and immunity flowing therefrom were pressed into service before the industrial court to urge that in this background, employer could not have conducted any departmental enquiry and charge sheet dated 10.01.1996, therefore constituted unfair labour practice.15. ..... /1996 declaring that, by issuing charge sheet dated 10.01.1996, it had indulged in unfair labour practice falling under item 9 of schedule iv of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the mrtu & pulp act' for short).2. ..... state of maharashtra and anr ..... state of maharashtra and anr .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(93)FLR350]; (2002)IILLJ328Bom
..... is a trade union, registered under the trade unions act, 1926, and is also registered as the representative union under the bombay industrial relations act, 1946, for the co-operative banking industry in the local area of thane municipal limits. ..... a union neither registered as a representative union in the local area as contemplated by the bombay industrial relations act, 1946 (for short b.i.r. ..... act which is a self contained code providing for every contingency arising in the course of industrial relations between the employer and his employees represented by the representative of employees or ..... , the petitioner union had zero membership and the bank and the other union had very cordial and good relations resulting into maintenance of industrial peace and there were no problems of any nature faced by the management or the employees. ..... act, 1946 and also under the maharashtra cooperative societies act ..... latter act as per section 73-bb the representative union is entitled to depute two of its representatives on the board of directors but the petitioner union never exercised the said valuable right in favour of the employees to depute its representatives which was the exclusive statutory privilege of a representative union under the said provisions of the act. ..... out by the bank that the petitioner-union as a representative union had never submitted any notice of change desiring change in the service conditions of the employees by submitting a charter of demands for revision of the wages etc. .....
Tag this Judgment!Court : Mumbai
Reported in : [2006(108)FLR1184]; (2006)IILLJ625Bom
..... section 59 bars the proceedings under industrial disputes act or bombay industrial relations act, if any proceeding in respect of the matter falling under mrtu & pulp act is instituted under that act. ..... bar of proceedings tinder bombay or central act: if any proceeding in respect of any matter falling within the purview of this act is instituted under this act, then no proceeding shall at any time be entertained by any authority in respect of that matter under the central act or, as the case may be, the bombay act; and if any proceeding in respect of any matter -within the purview of this act is instituted under the central act, or, as the case may be, the bombay act, then no proceeding shall at any time be entertained by the industrial or labour ..... on june 19, 1996 the union filed a reference before the labour court, mumbai in terms of section 25(2) of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (for short, 'mrtu & pulp act'). ..... in the writ petition, the commissioner of labour, deputy commissioner of labour, assistant commissioner of labour, state of maharashtra and premier automobiles limited were impleaded as respondents 1 to 5 respectively. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR416; 2006(3)BomCR246; [2006(110)FLR27]; 2006(4)MhLj578
..... para 9 of the petition that their services are governed by the standing orders certified under the bombay industrial relations act, 1946 (hereinafter referred to as the bir act) and agreements/settlements entered into by the respondent company with the representative union. ..... section (2) of section 21 which inter alia provides that notwithstanding anything contained in the bombay act, no employee in any industry to which the provisions of the bombay act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the representative of employees entitled to appear under section 30 of the bombay act ..... has been further contended that by virtue of the aforesaid, the respondent company has committed unfair labour practice under item 9 of schedule iv of the mrtu & pulp act and, therefore, the trial court ought to have granted all the reliefs and ought not to have relegated the petitioners to approach the rmms being the recognised union ..... unrecognised union in the industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act (hereinafter referred to as the mrtu & pulp act). ..... the company was referred to the board for industrial and financial reconstruction (bifr) under the provisions of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)ILLJ55Bom
..... is now well-nigh settled that for being covered under the umbrella of the act, one must be an employee within the definition of section 3(5) of the act and, in that, he should be a workman under the industrial disputes act, 1947 or the bombay industrial relations act, 1946, as the case may be. ..... in fact, the petition is liable to be dismissed only for the reason that nothing was stated before the industrial court regarding the duties of the petitioner and, secondly, it was also not made out before this court in the ..... considering all the aforesaid material together, it cannot be said that the industrial court was, in any way, in error in returning back the complaint to the complainant (petitioner herein) for being presented before the ..... in the whole petition, beyond dubbing the order of the industrial court as illegal and beyond contending that the industrial court has committed grave error of law in returning the case for being presented before the appropriate forum, there is absolutely nothing which is stated ..... is a petition challenging the order passed by the industrial court which has rejected the complaint in limine, by holding that the same is filed by a person who is a class-ii gazetted officer and a sectional engineer and cannot be termed as 'workman' and cannot excite the jurisdiction of the industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act').2a. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3117; 2009(6)MhLj463
..... the respondent on 9-10-1991 without offering to him an opportunity of re-employment, thus breaching the provisions of section 25-h of the industrial disputes act as also the model standing orders framed under the bombay industrial relations act. ..... the learned counsel for the petitioner submitted that if the petitioner was retrenched, in terms of section 25-h of the industrial disputes act as also clauses 4d and 4e of the model standing orders applicable to the respondent, it was necessary for the respondent to give preference to ..... the dismissal of his complaint recording unfair labour practice under items 9 and 10 of schedule iv of the maharashtra recognition of trade unions and unfair labour practices act by the learned member, industrial court, nagpur, by his impugned order dated 25-11-1998.2. ..... requirements of articles 14 and 16 of the constitution, which would govern public employment, could not be applied to private employment where it may be permissible for an employer to ..... in the evidence tendered before the learned member, industrial court, on behalf of the respondent bank, it was stated by the respondent's general manager namdeo barapatre that the petitioner was engaged on daily wages without any advertisement or any selection process and ..... time of employment of such persons the model standing orders govern such employment, subsequent framing of recruitment rules would be unhelpful unless such rules are notified under the industrial employment (standing orders) act, 1946. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR395; [2006(111)FLR944]; 2006(5)MhLj655
..... he was working in a supervisory capacity and therefore he was not an employee under section 3(13) of bombay industrial relations act, not a workman under the mrtu & pulp act and consequently the complaint was not maintainable and the labour court had no jurisdiction to entertain and try the ..... by the order of the labour court the petitioner filed a revision under section 44 of the mrtu & pulp act before the industrial court. ..... this petition the petitioner-company challenges the judgment and order dated 12th december, 2000 passed by the industrial court, mumbai, dismissing its revision application against the order of the labour court.2. ..... consideration of the evidence which was already adduced before it, the labour court came to the conclusion that the petitioner had indulged in an unfair labour practice, falling under item 1 of schedule iv of the mrtu & pulp act, by terminating the services of the respondent without enquiry and in colourable exercise of the petitioner's alleged contractual rights as an employer. ..... in these peculiar facts and circumstances the industrial court came to the conclusion that no prejudice has been caused to the petitioner by denial of the opportunity of further cross-examining the ..... respondent challenged the termination of his service as an unfair labour practice falling under item 1 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'mrtu & pulp act'). ..... his wages were more than .....
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