Court : Mumbai
Reported in : 2006(4)ALLMR372; 2006(4)BomCR21; [2006(111)FLR253]; 2006(5)MhLj277
..... industry covered by bombay industrial relation act, 1946 (bir act for short), the employees can resort to a strike in support of their charter of demand without complying with the provisions of the bir act and, whether compliance of the provisions of the mrtu & pulp act would absolve the employees from giving a notice under bir act ..... reference to conciliation proceedings which followed as a matter of course upon notice of change being given such settlement is deemed to be an agreement for the purpose of section 44 and can similarly be registered and section 45 provides that a registered agreement which includes a registered settlement shall come into operation on the date specified therein or if no date is so specified on its being ..... constitution of india, are directed against two separate orders dated 15.1.1996 and 17.1.1996 respectively passed by the industrial court, solapur; one rejecting contention of the employer that the strike resorted to by the respondents-employees of the petitioner bank was illegal and by another order holding that the petitioner-employer bank has committed unfair labour practice under item 8 of schedule iv of the maharashtra recognition of trade unions & prevention of unfair labour practices act ..... it on the premise where wages are paid and to ..... board : (2004)iillj470sc ; wherein it was clearly held that when two statutory rules operate in the field, unless the rules and regulations framed by the statutory authority are inconsistent with the provisions of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR201; 2003(4)MhLj619
..... expression under section 3(14) of thebombay industrial relations act, 1946, hereinafter called as 'the bir act', andthereby has acted illegally ..... evidence.being so, the decisions in the cases of dattatraya kashinath and others as wellas in sakhar kamgar union, which are squarely on the basis of 'the work beingordinarily part of the undertaking' in relation to the work which was entrusted tothe workmen of the contractor, can be of no assistance to the petitioners tocontend that in the facts and circumstances in which they were employed by thecontractor for ..... bombay industrial relations act, and ifsuccessful therein to seek remedy under the said act ..... section 28 of the maharashtra recognition oftrade unions and prevention of unfair labour practices act, 1971, hereinaftercalled as 'the said act ..... the workers in terms of section 46 of the factoriesact, 1948 read with rule 79 of the maharashtra factories rules, 1963, it ..... the state government in terms of section 46 ofthe factories act, 1948 r/w rule 79 of the maharashtra factories rules, 1963,that there is any notification, either pleaded or placed on record in that regard,either before the industrial court along with the complaint or ..... undisputedly, the state government hasframed the maharashtra factories rules, 1963 in terms of the provisions of thesaid act and the rule 79(1) thereof provides that the occupier of every factorywherein more than 250 workers are ordinarily employed and which is specifiedby the state government ..... maharashtra .....
Tag this Judgment!Court : Mumbai
Reported in : [1989(59)FLR172]; (1990)ILLJ316Bom
..... as the question of law as to the interpretation of section 40a of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act') is involved in these writ petitions, they are heard together and are being ..... gazette by the state government from time to time, in respect of any additional matters included in the schedule i, or any alteration made in that schedule, on or after the date of commencement of the bombay industrial relations (amendment) act, 1977, shall unless such model standing orders are held by the commissioner of labour to be less advantageous to the employees than the corresponding standings orders applicable to them, also apply ..... 2397 (iii) lab 9, l dated october 16, 1981, the labour department of the government of maharashtra amended and notified model standing orders under sub-section (5) of section 35 of the act introducing therein clause 24, sub-clause 5a, whereby provision was made for paying subsistence allowance to a ..... warning, censure, fine, suspension or dismissal for misconduct, suspension pending enquiry into alleged misconduct and the acts or omissions which constitute misconduct. ..... for interim relief was made and the learned member of the industrial court by his order dated july 26, 1983 granted the said interim relief calling upon the petitioner to pay wages/subsistence allowance to the 14 employees suspended pending enquiries with effect from may 26, 1982 almost on the same analogy as was done by the industrial court in writ petition nos. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)ALLMR424; 2000(4)BomCR226; (2000)2BOMLR639; [2000(86)FLR760]; (2000)IILLJ716Bom; 2000(4)MhLj246
..... if there was no demand, then the definition of the lock out within the meaning of the bombay industrial relations act would not be satisfied and therefore there could not be said to be a lock out as contemplated in law. ..... once proceedings are initiated under the provisions of this act, then no proceedings can be initiated under the industrial disputes act, 1947 or bombay industrial relations act, 1947. ..... under the bombay industrial relations act it must be established that there was an element of demand and element of coercion. ..... a writ court exercising jurisdiction under article 226 of the constitution of india does not sit to reappreciate evidence, unless from the record it is apparent that there is non-consideration of material on record or wrong construction of the material. ..... i had occasion to differentiate the view taken by a division bench of this court in maharashtra general kamgar union v. ..... the petitioners have been further directed to pay wages along with the monetary benefits from the date of imposition of the lock-out till the date of their resuming normal duties, along with interest at 12% p.a. ..... apart from that section 59 would be an embargo. ..... once that be so and more so considering section 32 of the m.r.t.u. & p.u.l.p. ..... learned counsel contends that there was no reference to the provisions of section 24(2) of the m.r.t.u. & p.u.l.p. ..... if section 24(2) is considered as also the nature of the enquiry that can be gone into under the m.r.t.u. & p.u.l.p. .....
Tag this Judgment!Court : Mumbai
Reported in : (1995)IIILLJ263Bom
..... 1 company is a unit in woollen textile industry in the local area of thane municipal corporation and is governed by the provisions of the bombay industrial relations act, 1946 that is, b.i.r. ..... 2, kamgar utkarsha sabha, a recognised and an approved trade union under relevant provisions of the bombay industrial relations act, hereinafter referred to as 'the b.i.r. ..... simultaneously, they have also impugned the interim orders passed by the learned industrial court on 23rd january, 1991 in the said complaint proceedings, under provisions of sub-clause (2) of section 30 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as 'the act no. ..... a slight curb or the restriction imposed in disturbed circumstances cannot be taken advantage of to contend that their constitutional rights to carry on trade union activities is infringed. ..... even otherwise, it is for the learned court below to find out whether the allegations in the complaint constitute unfair labour practices within the ambit of items 5 and 6 of schedule iii of the act no. ..... by this we however do not desire to lay down that the trade unions other than the representative one cannot carry out the trade union activities by propagating for membership by legal, just and constitutional means.17. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom56; (1968)70BOMLR298; ILR1969Bom455; (1968)IILLJ757Bom; 1968MhLJ377
..... section 78(1)d has been introduced for the first time in the bombay industrial relations act, 1946, by section 31 of the maharashtra act , 1946, by section 31 of the maharashtra act no 22 of 1965 this maharashtra act 22 of 1965, which came into force in the whole of the state of maharashtra from 1st of may 1965 which came into force in the whole of the state of maharashtra from 1st of may 1965, which was in force in areas other than vidarbha in the maharashtra state till 1-5-1965. ..... we have already pointed out that the amendments effected in the bombay industrial relations act, 1946, by maharashtra act of 1965 were largely made to bring out a uniform piece of legislation of legislation for adjudication and settlement of legislation for adjudication and settlement of industrial disputes in the whole of the state of maharashtra. ..... recommended addition of a new paragraph in sub-section (1) of section 78 of the bombay industrial relations act, 1946, and with reference to this paragraph and other changes recommended in section 78(i)of the act the statement of objects and reasons indicated that the new clause d was added to section 78(1) of the bombay industrial relations act, in order to enlarge the powers of the labour court, to require an employer to reinstate an employee with full back wages payable to him and compensation not exceeding rs.1500 and possibility of getting suitable employment more than six months ..... 227 of the constitution filed by chhotabhai jethabhai, a bidi merchant .....
Tag this Judgment!Court : Mumbai
Reported in : (1997)IILLJ1097Bom; 1996(1)MhLj505
..... workmen challenged the action of the respondent in applications under sections 78 and 79 read with section 42(4) of the bombay industrial relations act, 1946. ..... of these 165 workmen, around 142 workmen initiated proceedings under the bombay industrial relations act, 1946. ..... orders/notices were challenged under section 78 of the bombay industrial relations act. ..... it was held that the workmen had not led positive and reliable evidence about the compliance of section 42(4) of the bombay industrial relations act. ..... ' these observations indicate that the industrial court opined that as the plea covered by section 25h of the act was raised, adjudicated nq upon and finally decided and, as the plea was finally decided, the decision in the earlier proceedings operates as resjudicata in the instant proceedings ..... the petitioner, maharashtra general kamgar union, has challenged the order of the industrial court dated november 4, iw2, passed in complaint (ulp) ..... of 1990 under items 5 and 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the mrtu & pulp act'). ..... the learned judges constituting the division bench observed that this question cannot be gone into in appeal arising in writ ..... the petitioner, maharashtra general kamgar union, which is espousing the cause of the workmen who had been unsuccessful before the labour court, industrial court, single judge of this court and division bench of this court, filed complaint (ulp) .....
Tag this Judgment!Court : Mumbai
Reported in : (2002)104BOMLR230
..... 160 of 1997 on 17.9.1998 in exercise of its appellate jurisdiction of the bombay industrial relations act, 1946.2. ..... the petitioner being aggrieved by the said order of the industrial court have filed the present petition under article 226 of the constitution of india.6. ..... the petitioners are a statutory authority constituted under the provisions of the mumbai municipal corporation act, 1888 and is engaged in public utility services of supplying electricity and transport facility to the citizens of mumbai through its bombay electric supply and transport undertaking. ..... act by approaching the labour court under section 79 read with sections 78 and 42(4) of the act questioning the legality and validity of the order of dismissal and praying for reinstatement with full back wages and continuity of service.4. ..... it is aggrieved by the judgment and order of the industrial court, maharashtra at mumbai passed in appeal (ic) no. ..... the labour court therefore directed the petitioners to reinstate him without back wages but with continuity of service and the order of dismissal was reduced to withholding of two increments with permanent effect. ..... the industrial court agreed with the view of the labour court and dismissed the appeal.5. ..... petitioners carried this matter in appeal before the industrial court. ..... acting on a report dated 29.11.1995 submitted by the asstt. .....
Tag this Judgment!Court : Mumbai
Reported in : (1989)91BOMLR165; [1989(59)FLR530]; (1994)IIILLJ447Bom; 1989MhLJ445
..... the relevant provisions of sections 78 and 79 of the bombay industrial relations act, 1946 are as follows:section 78(1) labour court shall have power to - a. ..... 693, the supreme court has interpreted sections 78(1)(a)(a)(i), 79 (1) and (3) and 42(4) of the bombay industrial relations act, 1946 together with rule 53. ..... on 31st january, 1975 the present 2nd respondent-union representing the petitioner filed an application before the labour court under section 79(1) of the bombay industrial relations act, 1946 being bir application no. ..... just prior to withdrawing his appeal the petitioner, on 1st november, 1974, gave a second approach notice to the 1st respondent - bank under section 42, sub-section (4) of the bombay industrial relations act, 1946. ..... by his letter dated 31.8.1966 in which the petitioner also referred to the standing orders applicable to the said bank, the petitioner approached the respondent-bank as provided under section 42, sub-section (4), of the bombay industrial relations act, 1946. ..... once again the charge-sheet reiterated that these charges constituted indiscipline and irresponsible behaviour under the standing orders of the bank in respect of which action was liable to be taken against the petitioner. ..... on 18.2.1969 the petitioner filed a dispute before the district deputy registrar under section 91 of the maharashtra cooperative societies act, 1960 claiming reinstatement with back wages. ..... central electricity generating board. .....
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. .....
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