Court : Mumbai
Reported in : 1995(4)BomCR184; (1995)97BOMLR365
..... of the 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 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 is not constituted 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 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. .....
Tag this Judgment!Court : Mumbai
Reported in : (1994)ILLJ395Bom; 1994(1)MhLj776
..... crucial expression to be interpreted therein is 'agreement' because it is nobody's case that there is any fault on the part of the respondents to implement any award or settlement which expressions are defined under the industrial disputes act, 1947 as well as the bombay industrial relations act, 1946. 19. ..... therefore, clear that the provisions relating to the closure under section 25-o of the industrial disputes act, 1947, including the provision about the liability to pay wages for illegal closure as provided specifically under section 25(o)(b) of the said act were read as implied terms in the settlement or at any rate for determining the breach of the settlement relating to the payment of wages for the period of closure, the enquiry into the question of legality or otherwise of closure regulated by section 25-o of the said act was held to be within the ..... for instance, in the bombay industrial employment (standing orders) rules, 1959, framed under the industrial employment (standing orders) act, 1946 as applicable to the state of maharashtra, the model standing orders were framed for all categories of workmen as given in schedule f to the ..... their rival submissions, the parties have relied upon the decision and guidance is also sought from the report of the committee on unfair labour practices constituted by the state government, in the light of whose report and for giving effect to its recommendations, the act is passed as is clear from its preamble. 22. ..... board of revenue, madhya .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC285; [1995(71)FLR1040]; JT1995(6)SC625; 1995LabIC2714; (1996)ILLJ899SC; 1995(5)SCALE400; (1995)6SCC326; [1995]Supp3SCR702
..... act was the bombay industrial relations act, 1946 ..... the pipeline or are being attempted to be passed and proceedings are initiated for passing such ultimate orders which are alleged to be contrary to item 1 of schedule iv of the maharashtra act.sub-section (2) of section 30 of the maharashtra act lays down:in any proceeding before it under this act, the court, may pass such interim order (including any temporary relief or restraining order) as it deems just and proper (including directions to the person to withdraw temporarily the ..... for declaring certain strikes and lock-outs as illegal strikes 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 or according recognition to trade unions and for enforcing provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid; it is hereby enacted in the twenty-second year of the republic of ..... or reinstatement of the employee or employees with or without back wages, or the payment of reasonable compensation), as may in the opinion of the court be necessary to effectuate the policy of the act :(c) where a recognised union has engaged in or is engaging in, any unfair labour practice, direct that its recognition shall be canceled or that all or any of its rights under sub-section (1) of section 20 or its right under section 23 shall be suspended.even this provision when read with item .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)
..... meaning would deprive the workers of the protection under bombay industrial relations act, 1946 of raising industrial disputes before the labour court and the industrial court, was also termed as incorrect argument, as firstly, there was no vested right for selecting the forum and secondly, the legislature had the competence to enact special laws for a class or section of workmen for improving their conditions of service ..... the question, which shall be taken after consulting the advisory committee constituted under section 14, shall be final.7(1) the board shall be responsible for administering a scheme, and shall exercise such powers and perform such functions as may be conferred on it by the scheme.7(2) the board may take such measures as it may deem fit for administering the scheme.7(3) the board shall submit to the state government, as soon as may ..... employment;2(11) 'unprotected worker' means a manual worker who is engaged or to be engaged in any scheduled employment;2(12) 'worker' means a person who is engaged or to be engaged directly or through any agency, whether for wages or not, to do manual work in any scheduled employment, and includes any person not employed by any employer or a contractor, but working with the permission of, or under agreement with the employer or contractor; but does ..... employment of unprotected manual workers employed in certain employments in the state of maharashtra to make provision for their adequate supply and proper and full utilization in such .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR1; 2008(2)BomCR497; (2008)110BOMLR805; 2008(4)MhLj125; 1996(72)FLR166
..... . his learned adversary submitted that sub-section (18) of section 3 of the bombay industrial relations act transcends even article 14 of the constitution when it mandates that 'industrial matter' means any matter relating to employment, work, wages, hours of work, privileges, rights of duties of employers and employees, and the mode and terms and conditions of employment, and includes all questions of what is fair and right in relation to any industrial matter having regard to the interest of the person immediately concerned and of the community as a whole ..... . section 35 of the bombay industrial relations act, 1946, which provides for standing orders, which governing relationship between the employees and employer, reads as under:settlement of standing orders by commissioner of labour (1) within six weeks from the date of the application of this act to an industry, every employer therein shall submit for approval to the commissioner of labour in the prescribed manner draft standing orders regulating the relations between him and his employees with regard to the industrial matters mentioned in schedule i: provided ..... . it is not necessary to reproduce similar observations in maharashtra state board of secondary and higher secondary education and anr. v .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC413; 1999(1)ALLMR(SC)645; [1999(81)FLR932]; JT1998(8)SC552; (1999)ILLJ416SC; 1998(6)SCALE519; (1999)2SCC143; [1998]Supp3SCR488
..... . in this connection, it is profitable to note that the phrase 'covered by the settlement' as found in the said clause of section 24 is not defined by the act nor it is defined by the bombay industrial relations act, 1946 or by the central act, namely, the industrial disputes act, 1947 ..... 1 union on behalf of its members was violative of section 24(1)(a) of the maharashtra act; (ii) whether the impugned strike notice is violative of provision of section 24(1)(b) of the maharashtra act; (iii) whether the impugned strike notice was hit by section 24(1)(i) of the maharashtra act; (iv) whether the high court, in exercise of its jurisdiction under article 227 of the constitution of india, was justified in interfering with the findings reached by the labour court; and(v) what final order?before taking up the consideration of these aforesaid points, it will be necessary to have a look ..... the maharashtra act is enacted, amongst others, for the recognition of trade unions for facilitating collective bargaining for certain undertakings, to state their rights and obligations; to confer certain powers on unrecognised unions and to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs, to define and provide for the prevention of certain unfair labour practices and to constitute courts (as independent machinery) for carrying out the purposes of according recognition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1867; 2008(3)ALLMR(SC)861; 2008(3)BomCR25; [2008(117)FLR891]; JT2008(4)SC211; (2008)IILLJ697SC; 2008(4)SCALE704; AIRSCW2618; 2008(2)Supreme760; (2008)13SCC441
..... section 59 makes it clear that if any proceeding is initiated under the the mrtu and pulp act, 1971, no proceeding shall be entertained by any authority in respect of those matters under the bombay industrial relations act, 1946 (bombay act) and industrial disputes act ..... certain strikes and lock-outs as illegal strikes and lock-out; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes or according recognition to trade unions and for enforcing provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid; it is hereby enacted in the twenty-second year of ..... to the petition are working in the canteen of the management in its factory at nagothane, district raigad in the state of maharashtra, and the management was treating them as persons employed on contract basis through a contractor named m/s rashmi caterers, who was impleaded ..... required to be done, the union is simultaneously making an application to the state contract labour advisory board to abolish the contract system as far as the canteen is concerned in the appellant-company. ..... the points for consideration in this appeal are (i) whether the industrial court is justified in issuing direction to absorb all the employees of the canteen in the company's employment and pay them wages and other benefits to the extent of last category of unskilled workers in the company; (ii) whether the high .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)MhLj115
..... act' or the bombay industrial relations act (for short 'the bir act') as the case may ..... judgment of the high court the supreme court held that when the question as to whether the workmen concerned were the employees of the company was disputed and was not undisputable, a labour court or industrial court hearing the complaint under the ulp cannot decide the question whether the workmen were the employees of the company. ..... an issue would have to be decided in a reference under section 10 of the industrial disputes act or in a proceeding under the bir act as the case may be.6. ..... 1 afresh and held that as the industrial court exercising the powers under section 30 of the ulp act had no jurisdiction to entertain and try the ..... a case where the relationship was called in question, the industrial court would be required to consider the aspect whether the employer-employee relationship existed which could not be done under the ulp act and the jurisdiction vested only under section 10 of the industrial disputes act or the bir act as the case may be.8. ..... of 1991 filed under the maharashtra recognition of trade unions and unfair labour practices act (for short 'the ulp act') for want of jurisdiction.2. ..... the judgment of the single judge, the division bench held that the industrial court constituted under the ulp act had no jurisdiction to adjudicate the employer employee relationship nor was there anything like prima facie consideration of employer-employee relationship in a complaint under the ulp act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1489; 2006(3)BomCR260; (2006)4CompLJ4(SC); JT2006(3)SC235; 2006(3)SCALE1; (2006)3SCC434; [2006]67SCL107(SC)
..... is the only representative and approved trade union under the bombay industrial relations act for greater bombay. ..... digambar : air1995sc1991 , this court held:.where the high court grants relief to a citizen or to any person under article 226 of the constitution against any person including the state without considering his blameworthy conduct, such as laches, or undue delay, acquiescence or waiver, the relief so granted becomes unsustainable even if the relief was granted in respect ..... 536 of 1992 clearly shows that after hearing the concerned parties it has been noticed that the government of maharashtra although had not given clearance to sell the surplus lands of all the 13 mills in mumbai and 5 mills outside mumbai, as has been done in other states, agreed that with a view to ..... it further appears that the government of maharashtra had not been asked to make assessment regarding sacrifice, if any, made by them in this behalf or any benefit which would accrue to them with the sale so that the board could consider such a sacrifice/benefit in line with the sacrifices made with others and if the final stand is not conveyed by the government, the board would decide to confirm winding up of the company which would ..... by the state is neither ultra vires section 37 of the mrtp act nor is violative of the constitutional provisions. ..... of the cotton mills affected 2,00,000 workers and because of the strike the mills defaulted in making payment of wages, provident funds dues, gratuity, etc. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1994Bom141; (1993)95BOMLR337; 1993(1)MhLj958
..... to avail of the remedy under the bombay industrial relations act, he will have a right of appeal against the order of the labour court to industrial court under section 84 of the said act. ..... , it would be worthwhile to mention that an employee, who is dismissed from service can avail of the remedy of raising a dispute andthen filing an application under s, 78 of the bombay industrial relations. ..... filed under articles 226 and 227, the test which is made applicable by the supreme court is that where the facts justify a party in filing an application either under article 226 or 227 of the constitution and the party chooses to file the application under both the articles, in fairness and justice to such party and in order not to deprive him of the valuable right of appeal, the court ought to ..... the division bench considered the decision of supreme court in umaji's case (cited supra) and in particular paragraph 106 thereof held that if the petition is filed under articles 226 and 227 of the constitution and the party chooses to file under both these articles, in fair ness and just ice to such party and in order not to deprive him of the valuable right of appeal the court ought ..... employee elects the remedy of filing a complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act, he has the right of revision only under the powers of superintendence of the industrial court under section 44 of the said act. ..... it granted back wages and compensation in .....
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