Court : Mumbai
Reported in : 1998(2)ALLMR486; 1998(3)BomCR128; (1998)1BOMLR597; [1998(79)FLR202]; 1998(1)MhLj915
..... he shall be given an opportunity to answer the charge and permitted to be defended by his representative under section 30 of the bombay industrial relations act, 1946. ..... 2) where there is a recognised union for any undertaking, :- (a) that union alone shall have the right to appoint its nominees to represent workmen on the works committee constituted under section 3 of the central act: (b) no employee shall be allowed to appear or act or be allowed to be represented in any proceedings under the central act (not being aproceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service or suspension of an employee is under consideration), except through recognised union and the decision ..... rules have been made where by model standing orders for various categories of workmen have been framed in the state of maharashtra and which are known as the bombay industrial employment (standing orders) rules, 1959. ..... subject to such conditions as may be prescribed have a right:- (a) to collect sums payable by members to the union on the premises, where wages are paid to them; (b) to put up or cause to be put up a notice board on the premises of the undertaking in which its members are employed and affix or cause to be affixed notice thereon: (c) for the purpose of the prevention or settlement of an industrial dispute: (i) to hold discussion on the premises of the undertaking with theemployees concerned, who are the members of the union .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR74
..... is directed against the order of the first labour court holding that a complaint by an employee under section 28 (1) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the unfair labour practices act'), is not maintainable, without his complying with the provisions of section 42(4) of the bombay industrial relations act, 1946 (hereinafter referred to as 'the bombay act').2. ..... 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 of according recognition to trade unions and for enforcing the provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid.section 28 provides for procedure for dealing with complaints relating to unfair labour practices; and under it, where any person has engaged in or is engaging ..... that dispute, but does not include any such person---(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the ..... the board of directors of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)BomCR692; [2006(108)FLR665]
..... on this material, the industrial court could not have possibly come to the conclusion that the respondent was an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 and an employee within the meaning of section 3(5) of the maharashtra recognition of trade unions and prevention of trade unions act, 1971. ..... the first submission is that the respondent was not an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 and that therefore, the industrial court had no jurisdiction to entertain the complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... criminal proceedings are instituted in order to deal with a misdemeanour of a person which constitutes an offence under the criminal law of the land. ..... above all, the admission of the respondent to the effect that his duties were technical and that his basic wage was in excess of rs.1,000/- per month was sufficient to oust the jurisdiction of the industrial court. 10. ..... by the order, the industrial court directed the petitioner to revoke the suspension and to allow the respondent to resume duties at a place of his choice or, in the alternative, to pay to the respondent 100% of his wages as suspension allowance in accordance with the standing orders. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR605; 2009(6)MhLj268
..... to provisions of clause 18 of section 3 of the bombay industrial relations act, she submitted that this was an industrial matter pertaining to change and therefore, in view of the provisions of the bombay industrial relations act notice of change was required to ..... state handloom corporation takes exception to the order passed by learned member, industrial court, nagpur allowing respondents workmens' complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act ('mrtu & pulp act' for short), holding the petitioner guilty of engaging in unfair labour practice within the meaning of items 5 and 9 in schedule iv to the mrtu & pulp act, and directing the petitioner to bring the respondents on the timescale prescribed ..... maharashtra had issued a notification under section 5 of the minimum wages act fixing wages for workmen employed in handloom industry ..... he noticed that there was time scale prescribed for no category of dyers under the minimum wages act, but held that if there was no such category, the dyers should be given lowest time scale prescribed for ..... the petitioner submitted that though the respondent's claim that they were being paid fixed daily wages upon conversion of wages on piece rate basis, this was not so and the wages were paid only according to the minimum wages fixed for piece rated workers. ..... the respondent workman could not claim parity with the 'employees' to whom the provisions of factories act and minimum wages act did not apply. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj173
..... the second limb of his argument is, in the written statement filed before the industrial court in that matter, application of provisions of the bombay industrial relations act to the petitioner industry and availability of elected representatives therein was specifically pleaded and was also established while cross examining the ..... (supra), shows that there the interim relief protecting the services of the employees was granted by the industrial court and this court has found that under item 1 of schedule iv, that jurisdiction was exclusively vested with the ..... if the employer petitioner does not pay wages to the employees as directed by the industrial court, the employees can seek to execute the orders of industrial court dated 4/7/2007 in accordance with law, wherein entire exercise of computation can be ..... 1997 before industrial court, nagpur, for declaration of unfair labour practice under item 9, schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, (hereinafter referred to as act 1 of 1972) and sought direction that the petitioner should be directed to provide work to its members with wages therefor. ..... 2007 is on the basis of these two orders with contention that both these orders do not constitute award and therefore, item 9 of schedule iv is not attracted. ..... counsel shri khan further states that the provisions of section 21(2) of the act no. ..... he states that section 28 thereof permits the individuals or their union to maintain such .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR708; 2006(5)BomCR616; (2006)IIILLJ628Bom
..... question of correct interpretation of section 3(25) of the bombay industrial relations act, 1946 (for short 'the bir act'). ..... question arises whether a particular 'member' is in arrears for a period more than three calendar months during the six calendar months immediately preceding the calendar month in which the union applies under section 11 of the act for its recognition, it will have to be seen whether any of the members was in arrears for a period of three calendar months during the block of six calendar months and, if ..... is shown that such a person had so behaved and had not attracted the adverse effect laid down in the proviso, then only such member will be treated to have continued as per the main part of section 3(25) but if it is shown that during the block of june 1981 to november 1981 for a period of more than three calendar months he was in arrears, meaning thereby, as seen from the explanation ..... recorded by the industrial court, constitution and rules of the respondent-union, the relevant provisions of the act and more particularly the provisions contained in chapter iii thereof and submitted that the present case is not covered by the ratio laid down by the supreme court in the judgments of maharashtra grini kamgar union's ..... the court then has to cause a notice to be displayed on the notice board of the undertaking for which the recognition is sought, stating therein that the court intends to consider the said application on a date specified in the notice, and also .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR91
..... act by an employee as defined under section 3(13) of bombay industrial relations act is maintainable although no direct relationship as employer-employee exists between him and principal employer if he is employed by contractor who undertakes whole or any part of the work which is ordinarily the work of undertaking of such ..... the observations of full bench observes as follows:perusal of the said judgment reveals that reference to full bench was necessitated in view of definition of 'employee' in section 3(13) of bombay industrial relations act. ..... had become a contractor and what would be the deeming effect of nonregistration by the petitioners and non obtaining valid licence under the act on the relationship.in the present case, the industrial court had merely postponed the decision on the issue of relationship of employer-employee and according to me rightly so.the industrial court is directed to frame proper issues in this respect and decide the issue on the basis of the evidence and material adduced ..... giving rise to the petition are as follows:the petitioners filed a complaint under section 28 of the maharashtra recognition of trade union & prevention of unfair labour practices act read with item no. ..... cannot be examined by the labour court or the industrial court constituted under the act. ..... therefore, prayed that their services be regularised and they be paid wages according to manisana award.3. ..... petitioners admitted before the investigator that pande contractor was paying the wages. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj596
..... 1 that the establishment of the petitioner was covered under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as the said act of 1946) and, therefore, in view of the provisions of the said act of 1946 the petitioner was employer and the respondent no. ..... 'therefore, it is clear that even after considering the definition of employer and employee in the said act of 1946 and after considering its own judgment in the case of maharashtra sugar mills, the apex court came to the conclusion that it cannot be said that when the contractor engages a contract labour in connection with the work of principle employer, the relationship of master and servant is created ..... the learned counsel relied upon the judgment of the apex court in the case of shama prashant raje and contended that the scope of the proceedings under articles 226 and 227 of the constitution of india is very limited and the high court cannot sit in appeal over the findings recorded by the competent tribunal. ..... 1 in these petitions before the labour court, nagpur under section 28 read with section 7 arid item i of schedule iv of the maharashtra recognition of trade unions and unfair labour practices act, 1971 (hereinafter referred to as the act of 1971). ..... 2 was exercising its control through his authorised supervisors and representatives on the security guards and wages were paid by the respondent no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR666; [2001(91)FLR127]; (2002)IVLLJ975Bom
..... bank had, therefore, raised a preliminary issue contending that the petitioner was not an employee as per the definition of sub-section 13 of section 3 of the bombay industrial relations act, 1946 and on that count the labour court did not have jurisdiction to entertain the application.2. ..... of the petitioner clearly indicates the nature of his duties and responsibilities and that supports the contention of the bank that he was not an employee as defined under sub-section (13) of section 3 of the bombay industrial relations act, 1946.9. ..... the learned counsel for the petitioner has argued that the question as to whether the present case is governed by the provisions of sub-section (13) of section 3 of the bombay industrial relations act or not is to be considered not from the designation of the post which he is holding but from the nature of the work he is discharging ..... manager, assistant manager, chief officer and chief executive officer, ware not covered under the said references obviously because they did not come within the definition of the employee as given in sub-section (13) of section 3 of the said act and, therefore, the board of directors of the bank separately fixed the salaries of the officers of these four categories as indicated on page 78 of the petition. ..... examination further indicates that he had to entertain correspondence with co-operative department of the state of maharashtra, agricultural department of the state of maharashtra, reserve bank of india and apex bank. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR878; 2007(6)BomCR265; (2007)109BOMLR2229; (2008)ILLJ351Bom; 2008(2)MhLj434
..... labour court had partly allowed the application filed by the respondent workman under section 78 of the bombay industrial relations act. ..... cooperative bank, the provisions of the bombay industrial relations act (for short, hereinafter referred to as `bir act') are applicable to it.3. ..... the appeal under section 84 of the bir act is maintainable, both on questions of fact and law and therefore industrial court could accept the evidence which appealed to it in preference to the view taken by the labour ..... however, the industrial court while exercising appellate powers under section 84 of the bir act can always review the entire evidence on record, reassess the same and draw its own conclusions in such ..... the powers of the industrial court under section 84 while reappreciating the evidence led before the labour court are not circumscribed only to exercising the power of ..... in the present case, i have already held that the order of the industrial court does not suffer from these infirmities warranting interference under this court's writ ..... shah 2006 3 clr 512 to submit that while exercising the powers of judicial review, the labour court and the industrial court must be slow to interfere with the punishment imposed by the management. ..... petitioner is a registered bank under the banking regulations act and also under the provisions of the maharashtra cooperative societies act. ..... the period prior to which the industrial court directed payment of wages to the respondent in each month ..... his wages every .....
Tag this Judgment!