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 : Mumbai
Reported in : (1968)ILLJ800Bom
..... section 42(2) of the bombay industrial relations act, 1946, provides that an employee desiring a change in respect of an industrial matter must give a notice in the prescribed form to the employer who is to forward a copy of the same to the conciliator for the industry concerned for ..... 226 and 227 of the constitution filed by the petitioner-company, which runs a sugar mill at kolhapur and which also owns 79 acres of land on which, by rotation, sugarcane crop is grown by it, for a writ of certiorari or other appropriate writ or direction against respondent 1, who is the president of the industrial court, bombay, quashing the award dated 28 october, 1966 made by him in ..... originally owned an agricultural estate of 1,135 acres of land on which sugarcane was cultivated by it, but after the maharashtra agricultural lands (ceiling on holdings) act, 1951, was passed, under the provisions of that act, a major part of the estate owned by the petitioner-company was taken over by the government and handed over to the maharashtra state farming corporation, leaving only 79 acres of agricultural land for the petitioner-company itself, as from 1 august, ..... ground that the wage board has fixed a minimum wage of rs. ..... in order to ensure the regular supply of sugarcane to keep its mills going, entered into certain arrangements with private cultivators, the sugarcane grown on its own land of only 79 acres being barely sufficient to constitute one and a half days' crushing requirements of its own mills. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)BomCR338; (2005)ILLJ1145Bom
..... the question for consideration in this appeal is: does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry 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 schedule iv thereof8. ..... act including sections 20 and 21, it is clear that any affected employee in an undertaking to which industrial disputes act applies or in an undertaking to which bombay industrial relations act, as the case may be may file complain aggrieved by an unfair labour practice and it cannot be said that such complaint has to be filed by a recognised union or representative union. ..... section 33 of the act specifies that an employee or a representative union shall be entitled to appear through any persons in all proceedings before the industrial court or the wage board or in the proceedings before the labour court deciding whether a lockout, closure or stoppage or change or an order passed by employer under the standing orders is illegal. ..... welfare of workers being a primary concern of our constitution (part iv), we have to understand and interpret the new norms of procedure at the pre litigative and litigative stages, conceptually recognising the representative capacity of labour unions. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1992)ILLJ72AP
..... question of recognition is governed by the guidelines in the 'code of discipline' voluntarily accepted by the employer and employees and will hold good unless replaced by any statute like the bombay industrial relations act, 1946 or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 or similar provisions in force in madhya pradesh, rajasthan etc. ..... their lordships then pointed out that initially provisions were incorporated in the bombay industrial relations act 1946, for conferring the status of a recognised union with a view to see that a workman who was not a member of such a recognised union did not suffer on account of his cause being not taken by the recognised ..... bank of kerala, (1972-i-llj-44) that denial of recognition does not constitute a violation of any of the fundamental rights under art. ..... coming to the third point, it is necessary to refer to section 24 of the regional rural banks act, 1976, which reads as follows :- 'power of central government to give directions :- (1) a regional rural banks shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the central government may ..... the central labour board, jaipur, in case ..... the board in its meeting held on february 21, 1989, has resolved to implement the instructions contained in the aforesaid communication and to be made applicable to the employees/officers association in our bank also with immediate .....
Tag this Judgment!Court : Mumbai
Reported in : [1991(63)FLR382]; (1992)ILLJ248Bom; 1991(1)MhLj318
..... on february 13, 1985, the rashtriya mills mazdoor sangh, a representative union for the local areas of the cotton textile industry in greater bombay, sent an approach notice under section 42(4) of the bombay industrial relations act, 1946, in respect of 1,654 employees, including the petitioners, on the basis that the management had illegally refused to assign work to the said ..... question which, therefore, arises for my consideration is as to whether the interim order dated august 26, 1986 (exhibit 'a' to the petition) passed by the labour court in the application under section 78 and 79 of the bombay industrial relations act, 1946, can be described as a settlement or an award. ..... interim order in an application under sections 78 and 79 of the bombay industrial relations act, 1946, cannot be viewed as an award ..... submitted, in the first instance, that the interim order passed by the labour court on application for interim relief in the application made under section 78 and 79 of the bombay industrial relations act, 1946, was a settlement. ..... patel submits that the application to execute the said interim order should be viewed as an application to recover amounts due and payable under the settlement, as the right to wages claimed by the applicant had the necessary nexus with the settlement arrived at between the textile mills and the rashtriya mill mazdoor sangh. ..... and severally from the national textile corporation (south maharashtra) ltd. ..... national textile corporation (south maharashtra) ltd. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR783; 2002(3)BomCR571; [2002(94)FLR560]
..... this petition challenges the order of the industrial court dated 15th december, 1998 declaring that the petitioner is not an 'employee' under the provisions of section 3(13) of the bombay industrial relations act, 1946 (hereinafter referred to as '1946 act').2. ..... bombay industrial relations act, 1946, the definition of 'employee' as contained in the bombay industrial relations act, 1946 would prevail. ..... the petitioner, therefore, filed a complaint under item 1(b) and (f) and item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the '1971 act') alleging that the first respondent had terminated his service in breach of the conditions of service applicable to him. ..... in the written statement filed by the first respondent, a contention was raised that the petitioner was not an 'employee' under item 3(13) of the 1946 act since he was performing work of a supervisory nature and was drawing wages with a basic salary of over rs. ..... 'obviously, therefore, a workman who is skilled, whether or not he is drawing a basic wage of more than rs. ..... the petitioner had no knowledge that the jurisdiction of the court would be ousted on the footing that he was employed in a technical capacity and was drawing basic wages of over rs. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR517; 1998(2)BomCR52; [1998(79)FLR272]
..... the government labour officer and the 5 elected representatives of the employees gave a notice of change dated 5th january, 1979 under section 42(2) of the bombay industrial relations act, 1946, demanding permanency of employees, wage scales for permanent and temporary employees, implementation of the recommendations of the second central wage board and implementation of the patil committee recommendations. ..... however, after accepting the same an appeal is made to the management and representatives of the union in the sugar industry that they should take steps to enter into agreements incorporating the decision given by the chairman of the committee and accepted by the state government after following the procedure laid down under the bombay industrial relations act, 1946, to which the sugar industry in the state of maharashtra is amenable. ..... thereafter the government of maharashtra constituted a tripartite committee under the chairmanship of the then minister of labour, by resolution dated 15th february, 1975. ..... the petitioners are a co-operative society registered under the maharashtra co-operative societies act, 1960 and carries on the business of manufacture of sugar at its factory situated at killari, taluka ausa, district osmanabad. ..... this petition under articles 226/227 of the constitution of india has been filed with a prayer for issuance of writ of certiorari or any other appropriate writ, order or direction to call for records and proceedings in applications (ida) nos. .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)IIILLJ367Bom; 1991(1)MhLj713
..... under section 42(4) of the bombay industrial relations act, 1946, calling upon the management to reinstate the petitioner with continuity of service and full back wages and other benefits with effect from 23rd january, 1985. ..... the respondents therein) made the necessary applications before the labour court under section 79 of the bombay industrial relations act, 1946, relying upon the same very notification i.e. ..... doshi that the cases interpreting section 3(13) of the bombay industrial relations act, 1946 cannot be useful for the purpose of interpreting and applying clauses (a), (b) or (d) of the said notification dated 30th may, 1966. ..... the high court of gujarat in a writ petition filed under article 227 of the constitution of india rejected the contention of the learned counsel for the appellant-company that the application of the bombay industrial relations act must be restricted only to those workers who were directly engaged in the manufacture of textile fabrics. ..... 2847/34-a dated 30th may, 1939 issued by the then government of bombay in exercise of powers conferred on it under the bombay industrial disputes act, 1938, and continued in force by the government of maharashtra after coming into force of tile abovereferred act of 1946. ..... desai, regional provident funds commissioner, maharashtra and goa, bombay and ors. ..... (e) sometime in the year 1947, the maharashtra act no. ..... the national textile corporation (south maharashtra) limited (respondent no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR366; 2009(1)BomCR179
..... act;(iii) the orders passed under the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971(iv) the orders passed under the industrial disputes act, 1948;(v) the orders made in applications under the bombay industrial relations act, 1946;(vi) the orders passed under the maharashtra restoration of lands to scheduled tribes act, 1974 (act xiv of 1975)(vii) the orders passed under the maharashtra co-operative societies act ..... the original side of the high court the petition would be heard by the division bench being an application under article 226 of the constitution of india; whereas by filing the present petition on the appellate side, the petitioners have succeeded in moving the matter before the learned ..... wages act, 1936;(xii) the orders passed under the minimum wages act, 1948;(xiii) the orders passed under the bombay prohibition act, 1949;(xiv) the orders passed the maharashtra land revenue code, 1966;(xv) the orders passed under the maharashtra university act, 1994(xvi) the orders passed under the bombay stamp act, 1958;(xvii) the orders passed under the bombay police act ..... nature, if the charity commissioner issues notice prior to the passing of the order under sub-sections (3) or (4) of section 41-d, then obviously, the trustees who are mismanaging the trust would have an opportunity to do ..... appellant and if she is in any way aggrieved by the directions issued by the board, she would be at liberty to seek appropriate directions from the city civil court, .....
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'). .....
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