Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86b constitution of wage board Page 7 of about 197 results (0.028 seconds)

Sangali Dist. Central Co-operative Bank Ltd. Vs. Tukaram Atmaram Jadha ...

Court : Mumbai

Reported in : (1997)IIILLJ1247Bom

..... 11 of 1988 under section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as act'). 3. ..... order of the labour court was not vitiated for not framing the preliminary issue as to the validity of the domestic enquiry, the industrial court was of the view that the refusal of the petitioner-employer to permit the first respondent to be represented in the domestic enquiry by an authorised office-bearer of the general workers union was a contravention of the right under section 22(ii) of the mrtu & pulp act, 1971 and, therefore, the enquiry was bad in law. ..... it is doubtful whether, in the absence of an application reserving leave to lead evidence on the merits of the charges in the written statement or contemporaneously therewith, the industrial court could have granted such liberty to the petitioner at the late stage when the appeal was beard before it. ..... the petition invokes articles 226 and 227 of the constitution of india and impugns an order of the industrial court, kolhapur, dated march 20, 1989, made in appeal (ic) no. ..... the petitioner is a co-operative society registered under the maharashtra co-operative societies act, 1960. ..... having arrived at this conclusion, though the industrial court could have straightaway reinstated the first respondent with full back-wages and continuity of service, it decided to remand the case to the labour court for trying the merits of the charges after giving opportunity to both sides to lead evidence. .....

The Ichalkaranji Urban Co-operative Bank Ltd. Vs. Shri Vilas Hanmant A ...

Court : Mumbai

Reported in : 1998(1)BomCR704

..... standing order which have been attached with the writ petition shows that the standing order have been settled by the commissioner of labour under section 35(2) of the bombay industrial relations act, 1946 for employees in the co-operative banks mentioned in the schedule appended thereto. ..... standing order applicable to its employee, which have been duly certified by the commissioner of labour, bombay under section 35-c of the bombay industrial relations act, 1946. ..... rejected by holding that the dispute in the case fell within the powers of the labour court under section 33-c(2) of the industrial disputes act and the labour court was right in holding that the workman was entitled to the special allowance. 8 ..... appeal by special leave was filed against the order of the labour court upholding the claim of the workman for supervisory allowance in an application under section 33-c(2) of the industrial disputes act from the commencement of the new definition of workman i.e.29th august, 1956 to 31st december, 1961. ..... the petitioner has filed the writ petition under article 226/227 of the constitution of india for issuance of a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the order dated 19th august, 1987 passed by the presiding officer, labour ..... denied that the respondent had been paid less amount of wages during the period from 8th december, 1981 to 30th september ..... co-operative bank registered under the maharashtra cooperative societies act, 1960. .....

Chhotabhai Jethabhai Patel Vs. Industrial Court, Nagpur

Court : Mumbai

Reported in : 1967MhLJ40

..... we have already pointed out that the amendments effected in the bombay industrial relations act, 1946, by maharashtra act 22 of 1965 were largely made to bring out a uniform piece of legislation for adjudication and settlement of industrial disputes in the whole of the state of maharashtra. ..... the preamble to act 22 of 1965 shows that the act made various amendments or additions and alterations to the bombay industrial relations act, 1946, because it was considered expedient to extend the bombay industrial relations act, 1946, as amended, throughout the state of maharashtra and to repeal the corresponding laws in force in other parts of the state of maharashtra, such as vidarbha. ..... this maharashtra act 22 of 1965, which came into force in the whole of the state of maharashtra from 1 may, 1985, made various amendments to the bombay industrial relations act, 1946, which was in force in areas other than vidarbha in the maharashtra state till 1 may, 1965. ..... section 78(1)d has been introduced for the first time in the bombay industrial relations act, 1946, by s. ..... 78(1) enables the labour court to require the employer to reinstate the employee either forthwith or by a specified date and requires that the employer shall pay back-wages from the date of termination of service or suspension, and ending on the date on which the labour court ordered reinstatement or the date of reinstatement whichever is later. ..... 227 of the constitution filed by chhotabhai jethabhai a bidi merchant. .....

The Mumbai Taximen's Union and Another Vs. State of Maharashtra Throug ...

Court : Mumbai

..... perusal of the provisions of section 28(1a) would reveal that the dispute had to be referred to the industrial court constituted under the bombay industrial relations act, 1946 for decision. ..... the said case, the question which fell for consideration before the division bench was whether section 23 of the maharashtra private security guards (regulation of employment and welfare) scheme, 2002 which provides for exemption is ..... of the petitioner that the exemption under section 23 is not only one time exemption but such exemption was permissible at any point of time till the security guard is registered with the board under the said act in order to ensure that the service conditions of the security guard who is employed should not be less favourable than the one under the act and if the government is satisfied that ..... the terms and conditions of the security guards with the company are not less favourable than the one under the act then in such circumstances exemption ..... it is proposed to give power to members of trade unions with the consent of the registrar of trade unions to refer such disputes to the industrial court constituted under the bombay industrial relations act, 1946, and to bar the jurisdiction of civil courts from entertaining such disputes. .....

Balmer Lawrie Workers' Union, Bombay and Anr. Vs. Balmer Lawrie and Co ...

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 .....

Reliance Energy Limited Vs. Rashtrawadi Kamgar Sangh and ors.

Court : Mumbai

Reported in : (2009)IILLJ708Bom

..... is covered by the provisions of the bombay industrial relations act, 1946 (for short, 'the bir act'). ..... scc 454 where the supreme court has held that the high court and the supreme court while exercising their equity jurisdiction under articles 226 and 32 of the constitution as also article 136 thereof may not strike down even a wrong order only because it will be lawful to do so. ..... maharashtra sugar mills limited, (supra), the industrial dispute between the maharashtra sugar mills and its employees including the seasonal and contract labour was referred under section 13 of the bir act to the ..... he submitted that the labour court and the industrial court have fallen into a serious error in directing the appellant company to reinstate the said employees and pay them wages when the contract between the appellant company and the contractor had come to an end and, therefore, there was no statutory relationship of employer employee between ..... that, if the work is not provided the appellant company and the contractor shall jointly or severally pay wages to the said employees during the pendency of the case till the final disposal of the complaint.11. ..... directed the appellant company and the contractor to pay jointly or severally full wages of the said employees from april 2, 2007 during the pendency of the ..... inter alia prayed that the appellant company and/or the contractor may be directed to pay full wages to the said employees every month pending final hearing of the complaint.8. .....

Mumbai District Co-operative Bank Ltd. Vs. Co-operative Bank Employees ...

Court : Mumbai

..... the impugned order of the labour court was passed on an interim application under section 119 (d) of bombay industrial relations act, 1946 (hereinafter referred to as "bir act") filed by the respondent-union seeking an order to restrain respondent-bank from hiring the ..... stated in the directives that the co-operative banks can outsource the persons for maintenance and security only, in order to keep the management costs under control; (x) the government of maharashtra vide its letter dated 6-01-2010 to the district banks directed banks not to make any interim recruitment until such time the staffing pattern is finalized; (xi) the objection with regard ..... of a settlement, effective award, registered agreement or effective order or decision of a wage board;" "s.46(4)- any change made in contravention of the provisions of sub-section (1), (2) or (3) shall be illegal;" "s.46(5)- failure to carry out the terms of any settlement, award registered agreement or effective order or decision of a wage board, a labour court or the industrial court affecting industrial matters shall be deemed to be an illegal change. ..... the above petition arises from an interim order passed by the labour court which has been confirmed by the industrial court in revision and therefore the scope of consideration of reliefs in this petition filed invoking article 226 of the constitution would be rather limited considering the principles laid down for exercise of powers under article 226 qua interlocutory orders. .....

Maharashtra State Road Transport Corporation Through Divisional Traffi ...

Court : Mumbai

Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798

..... 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 mrtu & pulp act, 1971 other than ..... that, in case of vacancies of a purely temporary nature, leave vacancies and daily waives earners, where no person recommended by the state transport services board or the selection committee concerned is available, the competent authority may appoint suitable persons, for a period not exceeding six months; provided further -provided further ..... act', in a complaint relating to unfair labour practices other than those specified by items 2 & 6 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as the 'mrtu & pulp act'.the division bench in paragraph 33 has observed that:'having given our fullest consideration to this submission, we are of view that sections 20 & 22 which confer rights on recognised and unrecognised union, respectively, are not determinative of the rights of unions to appear in complaints relating ..... for the recruitment of the employees by constituting the committees and inviting the names from the ..... this decision is applicable to the facts of the present case inasmuch as the employment of persons on daily-wage basis under jawahar rozgar yojna by the development department of delhi administration, whose claim for regularisation was dealt .....

Best Workers' Union Vs. Brihan Mumbai Electric Supply and Transport (B ...

Court : Mumbai

Reported in : 2004(3)ARBLR192(Bom); 2004(5)BomCR311; [2004(101)FLR926]; 2004(3)MhLj199

..... 1 under section 73a of the bombay industrial relations act, 1946, hereinafter called as 'the said act'. ..... 'at the same time, it was clearly ruled that:--'if any provision is inconsistent with the scheme of the bombay industrial relations act, 1946, then the provision of the arbitration act to that extent would not be applicable. ..... the apex court in labour law practitioners' association's case (supra) has held that 'the labour court adjudicates upon disputes that, had it not been for the industrial disputes act, the bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, would have been within the jurisdiction of the ordinary civil courts to decide, although the ordinary civil courts may not be able to grant all the reliefs that ..... ' the said ruling however was given in the case while dealing with the question as to whether a court and a presiding officer of the labour court or the industrial court can be said to hold a post in the judicial service of the state as defined in article 236 of the constitution of india. ..... the high court has rightly come to the conclusion that the persons presiding over industrial and labour courts would constitute a judicial service so defined. ..... therefore, the recruitment of labour court judges is required to be made in accordance with article 234 of the constitution. .....

Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Ltd. and Others V ...

Court : Mumbai

Reported in : (1997)IIILLJ592Bom

..... of 1988 before the labour court alleging that the soot girani and its board of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same ..... contempt of the labour court, industrial court and wage board or other kinds of contempt's of industrial court, labour court and wage boards have been dealt with under section 119a and section 119b of the act. ..... the scheme of the bombay industrial relations act suggests that disobedience, however flagrant, of an order passed by the labour court does not constitute a contempt of court, though other remedies are available for dealing with such a ..... division bench held that the scheme of the first four sub-sections of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act shows that certain offences are created and penalties provided for them. ..... bench held that, though the section is marginally headed 'contempt's of industrial or labour courts', the contents of section 48 are not restricted merely to matters relating to contempt and that so far 'contempt' is concerned, the provisions were to be found only in the latter part of sub-sections (5) to (8) of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act. .....