Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86b constitution of wage board Sorted by: old Page 1 of about 197 results (0.027 seconds)

Karbhari Bhimaji Rohamare Vs. Shanker Rao Genuji Kolhe and ors.

Court : Supreme Court of India

Reported in : AIR1975SC575; (1975)1SCC252; [1975]2SCR753

..... candidate had committed several corrupt practices, the other that the election, was liable to be set aside because he was disqualified for election as he was holding an office of profit under the state government as a member of the wage board for the sugar industry constituted by the government of maharashtra under section 86b of the bombay industrial relations act, 1946. ..... by a notification dated may 16, 1967, a new wage board for the sugar industry was constituted consisting of five members. ..... the first wage board for sugar industry was constituted in the year 1956 by a government notification development department no. ..... under section 86c the state government may make reference to the wage boards for decision of any industrial matter of industrial dispute. ..... under section 86g the order or decision of the wage board is made appealable to the industrial court. ..... section 86j confers certain powers of superintendence on the industrial court over all wage boards.4. ..... the wage board to which the 1st respondent was nominated as a member on 13th april 1971 was constituted under the provisions of chapter 12a of that act introduced by the amending act no. ..... 25/ per day of the meeting of the wage board and that they should also he allowed to draw travelling allowance and daily allowance at the rate prescribed in scale i in rule 1(1)(b) in section i of appendix xlii-a of the bombay civil services rules (vol. ii). .....

Sardar Surjeetsingh and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(6)ALLMR382; 2006(2)BomCR704; 2006(1)MhLj538

..... in karbhari's case (supra), the apex court has held that a member of the wage board of sugar industry constituted by the maharashtra government under section 86b of the bombay industrial relations act, 1946, satisfies all the tests laid down in shivmurthy's case for determining whether a person holds an office but he cannot be said to be a holder of an office of profit within the meaning of the said expression under article 191(1)(a) of the constitution so as to disqualify him to stand for election. ..... it was also sought to be contended on behalf of the respondents that the present committee is constituted under section 53 of the said act and therefore, the provisions which are applicable to the board or the committee constituted under chapter ii of the said act would not be attracted and for the same reasons clauses 15 and 16 of the said bye-laws relating to the members and the committee constituted under chapter ii of the said act would not also be attracted. ..... under clauses 15 and 16 of the said bye-laws of the gurudwara are not at all attracted in the case in hand as they relate to the members and the president of the gurudwara and the committee as constituted under chapter n of the said act, whereas, the committee which has been constituted under the impugned notifications is in exercise of the powers under section 53(2) of the said act and therefore, those provisions of the said bye-laws are not at all attracted or applicable. .....

A.K. Subbaiah Vs. Sri Ramakrishna Hegde and Others

Court : Karnataka

Reported in : AIR1994Kant35; ILR1993KAR2528; 1993(4)KarLJ205

..... 86b of the bombay industrial relations act, 1946 was said to be disqualified for being a member of the legislative assembly on the ground that he was holding an office of profit. ..... in that case a member of the wage board for sugar industry constituted by the government of maharashtra under s. ..... if that provision is read with definition of 'committee' as found in section 2(a) of the act, it should be committee or commission set up by the government of india or the government of any state in exercise of executive powers and the planning commission would not be covered by the sweep of section 2(a) as it is not a municipal body but it is a body having constitutional outfit flowing from the powers vested in the union of india under the constitution and it continues to exist uninterruptedly all throughout. ..... even if the proviso is said to have mandated that the holder of the office should not be in receipt of or be entitled to any remuneration for being covered by the exemption under section 3, there should be evidence to show that the holder of such office was in receipt of, or entitled to receive, any remuneration other than the compensatory allowance. ..... it was next submitted that even independently of this submission the relevant provision of the act would not be of any assistance to respondent 1 as the proviso to section 3(d) of the act clearly provides that the holder of any such office should not be in receipt of or entitled to, any remuneration other than the compensatory allowance .....

Jaisinh Jodhabhai Vaisya and Grofed Employees Union Vs. Laxmanbhai Ars ...

Court : Gujarat

Reported in : 2001CriLJ2002; (2001)IILLJ511Guj

..... '6.1 section 119a of the bombay industrial relations act, 1946 deals with contempt of industrial courts, labour courts and wage boards relating to omission to produce documents or to furnish any ..... indication than this to show that the high court has power to punish any person who commits contempt of industrial court, labour court or wage board in exercise of its contempt jurisdiction under article 215 of the constitution of india as well as the provisions of contempt of courts act, 1971.7. ..... (3) in the case of contempt of a wage board or a labour court, such board or court shall record the fact constituting such contempt and make a report in that behalf to the industrial court; and thereupon the industrial court may, if it considers it expedient to do so, forward ..... the above dictum and referring to the wider ambit of article 227 of the constitution which gave power to the high courts to correct errors of various kinds of all courts and tribunals in appropriate cases, in terms, held in paragraph 24 of the judgement, that the subordination for the purpose of section 3 of the contempt of courts act, 1952 means judicial subordination and not subordination under the hierarchy of courts under the ..... within the purview of the control jurisdiction of the high court and whether the recruitment of labour court judges was required to be made in accordance with article 234 of the constitution of india came up for consideration of hon'ble the supreme court in the state of maharashtra vs . .....

Mahadeo and Others Vs. State of Maharashtra through its Secretary, Dep ...

Court : Mumbai Nagpur

..... in any case, it is also not just as it appears to be less than even minimum wage for employees like peons, clerks, laboratory attendants and assistants, accountants who may qualify as skilled or unskilled workman/employee under section 2(s) of the industrial disputes act, 1947 or under section 3(13) of the bombay industrial relations act, 1946. ..... so far as the statutory provisions regulating the facets of administration are concerned, in case of an unaided minority educational institution, the regulatory measure of control should be minimal and the conditions of recognition as well as the conditions of affiliation to a university or board have to be complied with, but in the matter of day-to-day management, like the appointment of staff, teaching and non-teaching, and administrative control over them, the management should have the freedom and there ..... as per the reference order, the constitution bench had to decide on the validity of clause (5) of article 15 of the constitution inserted by the constitution (ninety-third amendment) act, 2005 with effect from 20.01.2006 and on the validity of article 21a of the constitution inserted by the constitution (eighty-sixth amendment) act, 2002 with effect from 01.04.2010. ..... hon'ble apex court noticed that under the maharashtra employees of private schools (conditions of service) regulation act, 1977, as per section 3(1) the provisions of the act apply to all private schools, whether receiving any grant-in-aid from the state government or not .....

Mitha Rustomji Murzban Vs. Nusserwanji Nowroji Engineer

Court : Mumbai

Reported in : (1941)43BOMLR631

..... the defendant to show that the subject commented upon is a matter of public interest, that the statements of fact relating thereto are true, and that the comment based upon the facts is a fair and bonafide comment. ..... parsi community is divided over the merits of this question, which has been agitated for many years in bombay, the 'orthodox' section of the community, as it is called, being against the appearance of parsi men and women together on the stage, and the other section called the 'reformists' pulling the other way. ..... two independent witnesses, who belong, no doubt, to what is called the 'orthodox' section, and are friends of the defendant, but who cannot be said to be partisan witnesses ..... were no rules nor any constitution for the society until the beginning ..... taking all the circumstances, including the defendant's conduct in relation to this case, into consideration, i order the defendant to pay three quarters of the plaintiff's taxed ..... the play was about to be staged, started an agitation in the columns of his paper kom sevak, not against the staging of the play, but against parsi men and women taking part in acting plays upon the stage, whether as amateurs or professionals. ..... the last words 'act as actresses on the stage' are printed in bold ..... dire is the consequence in connection with a girl attending a class, have you as well as the people concerned any idea as to the extent to which the future of the parsi girls would be spoiled by making them act as actresses on the stage? 9. .....

Emperor Vs. Khandubhai K. Desai

Court : Mumbai

Reported in : (1944)46BOMLR104

..... the industrial court decided on march 20, 1942, under section 55 of the bombay industrial disputes act, that the strike of the applicants was an illegal strike, and that the change made by the mill authorities was an illegal change. ..... a strike is illegal if it is commenced or continued in the circumstances mentioned in any of the eight clauses of section 62(1) of the bombay industrial disputes act, 1938. ..... , under sections 66 and 67 of the bombay industrial disputes act, 1938. ..... on january 20, 1943, the mill authorities prosecuted the applicants under sections 66 and 67 of the bombay industrial disputes act. ..... the contention urged on behalf of the applicants both before the trial magistrate and before the sessions judge was that persons can be punished under sections 66 and 67 as strikers or as instigators of a strike only if the strike continues after it has been declared illegal by the industrial court, and that they cannot be punished for any act of theirs in instigating or taking part in a strike prior to the declaration that the strike was illegal. ..... there is no doubt that sections 65, 66 and 67 are intended to punish an illegal strike, and an illegal lock-out, and instigation to an illegal strike and an illegal lock-out, provided they are declared to be illegal by the industrial court, whether the illegal act is committed before or after the declaration. ..... a notice of the alteration was given on the notice board of the mill. .....

The Governor General in Council Vs. Shiromani Sugar Mills Limited (In ...

Court : Mumbai

Reported in : (1946)48BOMLR483

..... ' if it be considered that the effect of the income-tax authorities putting the machinery of section 46 of the income-tax act in motion for the collection of arrears of income-tax is to bring into operation all the appropriate legal enactments relating to the collection of land revenue in the province concerned, it is, in our judgment, very difficult to say that they are not taking a ' legal proceeding,' in fact, in this very case, had the company not been in liquidation, the ..... supposition the proviso is wholly nugatory; for if the supreme court is to inquire whether the defendants in this matter concerning the public revenue were right in the demand made, and to decide in their favour only if they acted in entire conformity to the regulations of the governor, and council of bombay, they would equally be entitled to succeed, if the statutes and the charters contained no exception or proviso for their protection. ..... they have to rank pari passu for payment with certain debts due to local authorities, certain debts in respect of salary or wages due to clerks, servants, labourers or workmen, compensation payable under the workmen's compensation act, 1923, and other classes of debts and expenses, and all have to abate equally if the assets are insufficient to meet them in full. ..... reading the two sub-sections of section 226 together, in our judgment, that which is contemplated is future legislation enacted in accordance with the changes in the constitution. ..... the punjab industrial bank ltd. .....

The Modern Mills Ltd. Vs. V.R. Mangalvedhekar

Court : Mumbai

Reported in : AIR1950Bom342; (1950)52BOMLR389; ILR1951Bom1; (1953)IILLJ469Bom

..... it would appear that an award was made by the industrial court under the bombay industrial relations act, 1946, on 20th march 1948, in respect of certain disputes between the textile mills and their employees, and condition 6 of this award provided :'persons who are eligible for bonus but who are not in service ..... therefore, it is clear from the scheme of the bombay industrial relations act 1946, that it is only when a change is sought by an employee in the terms of an award made by the industrial court that he has got to make an application to the labour court and only the labour court has jurisdiction to make ..... where 'industrial matter' is defined, all matters pertaining to any right or claim under or in respect of or concerning a registered agreement or a submission, settlement or award made under the act would constitute an industrial matter, and there is no dispute, and there can be none, that an interpretation of an award would be an industrial matter ..... provides :'where contrary to the provisions of this act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself or any legal practitioner or any official or a registered trade union authorised in writing to act on his behalf, or any inspector under this act, or any other person acting with the permission of the authority appointed under sub ..... of that section, and sub ..... section 15 of the act confers jurisdiction upon the authority that is to be appointed under .....

The Maharashtra Sugar Mills, Ltd. Vs. the Industrial Court and ors.

Court : Mumbai

Reported in : (1950)0LLJ1235Bom

..... industrial dispute has arisen between the maharashtra sugar mills, limited, belapur road, district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other means;now, therefore, in exercise of the powers conferred by section 73 of the bombay industrial relations act, 1946 ..... the petitioners after setting out the facts hereinbefore stated contended that the persons constituting the so-called contract labour were not in fact employed by the company nor were they employees of the company within the definition contained in section 3(13)(a) of the bombay industrial relations act, 1946, or otherwise. ..... contract labour were employees of the petitioners within the meaning of definition given in the bombay industrial relations act, 1946, and that the relationship of master and servant existed between the persons constituting the contract labour and the petitioners or between the said persons and any contractor. ..... denied that the relationship of master and servant existed between the persons constituting the so-called contract labour and the company or between the said ..... the relationship of master and servant existed between the persons constituting the contract labour and the petitioners or between the said persons .....