Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86b constitution of wage board Page 9 of about 197 results (0.080 seconds)

National Textile Corporation (Maharashtra North) Ltd. and ors. Vs. S.M ...

Court : Mumbai

Reported in : 2000(2)ALLMR376; (2000)IIILLJ555Bom

..... bombay industrial relations act, 1946, governs the relationship between the employers and the employees engaged in this cotton textile industry. ..... thus, the learned judge took the view that apart from the fact that the objective circumstances must exist, employer must comply with whatever are the necessary statutory requirements like section 25-p of the industrial disputes act, 1947 and thereafter when it comes to actual implementation at that stage a person who has completed the age of 60 years will have to be retrenched first in preference to younger men ..... petitions are filed either by the textile mill/company or by the employees concerned challenging the orders passed by the industrial court constituted under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act, for short) on the complaints filed by these employees against these mill companies invoking items 1, 5, 9 and 10 of schedule iv of the said act. ..... inasmuch as it has not been followed, the industrial court was right in awarding reinstatement with full back wages and holding that there was unfair labour practice and that the workman was entitled to work up to completing 63 years of age ..... , therefore, submitted on the same analogy that as far as the present group of employees are concerned, they are entitled to continue to work and receive wages and other benefits until they complete 63 years of age under the standing order and which is an enforceable right.34. mr. .....

Co-operative Bank Employees' Union Vs. Bharat Co-operative Bank Ltd. a ...

Court : Mumbai

Reported in : [2005(106)FLR52]

..... establishments in more than one state.we then have the bombay industrial relations act, 1946 which thereafter shall be referred to as the state act of which section 2(3) reads as under:in the areas in which the bombay industrial disputes act, 1938 was in force immediately before the commencement of this act, this act shall apply to the industries to which the said act applied:provided that this act shall cease to apply with effect from the date on which the bombay industrial relations (amendment) act, 1949, comes into force, to the imperial bank of india ..... and any banking company as defined in section 5 of the banking companies act, 1949, having branches or other establishments in more than one state.there is yet another legislation known as maharashtra recognition of trade unions and ..... it is further pointed out that the issue of who constitutes a 'banking company' under the provisions of the banking regulation act, 1949 has been answered by a division bench of this court in shamrao vithal co-op. .....

Municipal Corporation of Greater Mumbai and Another Vs. Municipal Mazd ...

Court : Mumbai

..... in reference to the declaration of strike as illegal dealing with the provisions of bombay industrial relation act 1946 and mrtu and pulp act. ..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not ..... the petitioners being the state , within the article of 12 of the constitution of india, their action and/or inaction are always tested on the anvil of article 14 and 16 of the constitution of india, apart from their own governing statute and the service conditions. ..... time, the respondents union along with other unions have agreed/signed several settlements/agreements, memorandum of understanding (for short, mou ), for periodic revision in wages, allowances, leave facilities and other terms and conditions of employment with petitioners through its officials for more than 5 decades. ..... -corporation- 10 on 9 august 2011, the issue of pay revision and the board parameters were discussed and minuted and signed by the respondents union. ..... vi) place the matter on 9th november 2011, high-on-board, before the learned single judge for hearing and final disposal .....

Shivanand Madanmohan Mishra and anr. Vs. Universal Ferro and Allied Ch ...

Court : Mumbai

Reported in : 2004(3)MhLj849

..... (cited supra) considered the question as to whether the representative union under the bombay industrial relations act, 1946 has exclusive right to represent the employees, for the concerned industry, in complaints relating to unfair labour practices, under the said act, other than those specified in item nos. ..... 1, is that since the petitioner is governed by the provisions of bombay industrial relations act (bir act), respondent no. ..... insofar as the finding that the complaint was filed beyond the period of limitation, the learned counsel has referred to the provisions of section 45 of the bir act which reads thus :--'an agreement registered under section 44 shall come into operation on the date specified therein or if no date is so specified on its being recorded by the registrar. ..... 1 was running factory, it suddenly displayed a notice in its notice board, stating that, from 20th september, 1996, till the maharashtra state electricity board restores power to the factory of respondent no. ..... 2 were illegal, void ab initio and for a direction that the petitioners and others workers continue to remain in service and to pay them all wages, allowances and other benefits to which they are entitled in law and arrears thereof till the date of reinstatement. ..... 1 not to deduct any wages from the salary of the employees. ..... vide the aforesaid order, liberty was given to the appellant in the lpa to move the learned single judge for modifying the interim relief to 100% wages.6. .....

Shaukat Adam Malim Vs. Kokan Mercantile Co-operative Bank Ltd., Mumbai ...

Court : Mumbai

Reported in : [2003(96)FLR221]; 2002(1)MhLj760

..... it is a well settled principle of law that the question as to whether a person is an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 has to be determined with reference to the principal nature of the duties and functions performed by the person engaged. ..... the question as to whether, for the purposes of section 3(13) of the bombay industrial relations act, 1946, the petitioner was not an employee would thus depend upon whether the work for which he was primarily employed was of a managerial, administrative or ..... consequently, it wassought to be submitted that this court should not exercise its writ jurisdiction under article 226 of the constitution particularly having regard to the fact that the petitioner was a branch manager against whom there are serious allegations of ..... however, the learned counsel stated in all fairness that he was unable to produce any resolution of the board or of the competent authority of the bank extending the provisions of the standing orders to the other employees either for the limited purpose of disciplinary proceedings ..... was appointed as an accounts clerk by the first respondent which is a co-operative bank registered under the maharashtra co-operative societies act, 1960. ..... of the bank was challenged by the petitioner in a complaint under section 28 read with items 1(b), (d) (f) and (g) of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ('m.r.t.u. .....

Asiatic Oxygen and Acetylene Co. Ltd. Vs. Industrial Court of Maharash ...

Court : Mumbai

Reported in : (2001)IIILLJ529Bom

..... section 1(4) of the said act clearly provides that nothing in this -act shall apply to any industry to which provisions of chapter vii of the bombay industrial relations act, 1946, apply, and as it is not disputed that the industry of the petitioner is governed by the provisions of the bombay -industrial relations act, 1946 and the standing orders framed thereunder, the learned industrial court has erred in relying upon the industrial employment (standing orders) act, 1946, in order to come to a finding that the petitioner/employer lacks power of transfer in respect of his employees being governed under the ..... said act ..... the petitioner/employer impugns the order dated august 3, 1998 passed by the learned member of the industrial court, nagpur, on an application under section 30(2) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, in complaint (ulp) no. .....

Ramesh Daji Jadhav Vs. National Textile Corporation (Maharashtra North ...

Court : Mumbai

Reported in : 2004(1)ALLMR732; 2004(1)BomCR4

..... 15.1.1985 on which date the appellant had sent an approach letter under section 42(4) of the bombay industrial relations act (for short, hereinafter referred to as 'bir act'). ..... the appellant, therefore, filed an application before the labour court under section 78 of the bombay industrial relations act. ..... learned single judge confirming the order of the industrial court, dismissing the complaint filed by the appellant under item 9 schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short, hereinafter referred to as 'mrtu & pupl act') on the ground that the relief claimed by the appellant could not be granted as the company was declared a sick unit and consent of the board for industrial and financial reconstruction (for short, hereinafter ..... i am, therefore, unable to accept the contention that the payment of earned wages to the workmen (it cannot be disputed that payment under settlement would be 'wages' within the meaning of section 2(rr) of the industrial disputes act) was intended to be defeated by invoking the bar under section 22(1) or to drive the workmen to run to new delhi for seeking the consent of the bifr, every time their monthly wages were required to be paid. ..... no construction can be put upon the provisions of section 22, which could result in a situation of exploitation of human beings, contrary to the provisions of our constitutional directives. .....

Bharat Co-operative Bank (Mumbai) Ltd. and Anr. Vs. Co-operative Bank ...

Court : Mumbai

Reported in : 2005(3)BomCR713; [2006(106)FLR85]; (2005)IILLJ1010Bom; 2005(2)MhLj906

..... at the hearing of the appeal, the issue of applicability of the bombay industrial relations act, 1946 was not pressed before us in view of the decision of this court in co-operative bank employees union v. ..... , and includes [the export-import bank of india] [the industrial reconstruction bank of india], [the industrial development bank of india], [the small industries development bank of india established under section 3 of the small industries development bank of india act, 1989], the reserve bank of india, the state bank of india, [a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970) [a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings ..... 1 of 1904, shall apply to such cessor as if this act has been repealed in relation to such industry by a maharashtra act.' 8. ..... 769 of 2002 under section 28 read with item 5 of schedule ii and items 3, 5, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'm.r.t.u. ..... the appellant bank was originally registered under the maharashtra cooperative societies act, 1960. ..... subsequently, the appellant bank was registered under the multi-state co-operative societies act, 1984 due to number of branches being outside maharashtra. .....

Rastriya Sakhar Kamgar Union through It's General Secretary, Anandrao ...

Court : Mumbai

Reported in : 2008(3)ALLMR223; 2008(3)BomCR567; (2008)110BOMLR784; 2008(6)MhLj291

..... were pending, the registrar appointed under the bombay industrial relations act, nasik division, nasik pursuant to the application made by the respondent no ..... remedy is provided under the bombay industrial relations act. ..... therefore, the direction of the regional joint director of sugar in the impugned order dated 11.1.2007 directing holding of meeting for selection of the said two persons cannot be said to be beyond the scope of section 73bb of the said act as the said section itself provides that if there is a dispute in relation to 'such issues' which in my view would cover the objections raised by the two managing council members as well as the objection raised by the workers of the petitioner no. ..... 1 to 4 to take action under section 79 and 79a of the maharashtra co-operative societies act, 1960 for non-implementation of the provisions of section 73bb of the maharashtra co-operative societies act, 1960 against the respondent no. ..... by observing that the two representatives of the recognised union can attend the meetings of the board and they would be entitled to function on the board of directors, however, the same would be subject to the final decision in the writ petition and the apex court requested this court to dispose of the above writ petition within a period of four months from the ..... 5 sugar factory of threat to the industrial peace was also not misfounded as 950 workers who had objected constitute a substantial number of the total number of the workers of the sugar factory .....

Mahindra and Mahindra Ltd. Through Its Deputy General Manager Vs. Shri ...

Court : Mumbai

Reported in : 2007(1)ALLMR800

..... it is admitted position between parties that the model standing orders framed under section 35 of bombay industrial relations act govern their service conditions and industrial employment standing order act, 1946 has no application. ..... further contended that there were elected representatives functioning under section 28 of bombay industrial relations act and they represented even complainants. ..... stated that their employer is an engineering industry which manufactures tractors and the establishment is governed by bombay industrial relations act, industrial disputes act and industrial employment standing order act, 1946. ..... then conveyed it to personnel and industrial relations department which then issued appointment orders ..... the services of the respondents with effect from december 1, 1990 was invalid and that the respondents continued in service, the tribunal was in error in giving directions regarding their regularisation and payment of enhanced wages to the respondents with effect from january 1, 1994 as per the judgment of this court in mool raj upadhyaya : 1994(2)scale630 (supra). ..... he further states that complainants nowhere pleaded that names of workers were not displayed on notice board for calling them back to work and also there was no specific plea that epp workers or wst workers were given ..... complaints under section 28 of maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, (hereinafter referred to as mrtu act) for declaration that their .....