Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86b constitution of wage board Sorted by: recent Page 1 of about 197 results (0.106 seconds)

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. .....

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). .....

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 .....

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 . .....

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 .....

M/s. Al-can Export Pvt. Ltd. Vs. Prestige H.m. Polycontainers Ltd. And ...

Court : Supreme Court of India

..... 225 of the constitution which provided that in all matters in which no provision had been made by those rules, the provisions of civil procedure code shall apply mutatis mutandis civil appeals @ slp (c) no.29334-35 of 2016 page 39 of 58 insofar as they were not inconsistent with those rules the explanation which had been added to section 141 of the code by the aforesaid amending act, did not ..... canvassed on behalf of the appellant that the additional commissioner, konkan division, state of maharashtra had no jurisdiction to adjudicate the two appeals filed by the respondent no.1 and respondent ..... the high court, however, found fault in the same though not in all but essentially in the matter relating to giving of clear 15 days' notice and the manner in which it was issued and finding merit in the objection ..... additional collector, head office jawar, respondent no.4 informed that except for the wp in the high court of bombay, no other objection was received and thereby all requirements under section 208 of the revenue code had been fulfilled, despite ifci having raised its objections vide a letter dated 10.12. ..... group development officer, talsari; gram panchayat vadavli-bhavane and talathi saja, vadavli requesting them to display the public notice on their office notice boards and to provide a publicity report regarding the public advertisement of the immovable and movable properties of the respondent no.1 proposed to be auctioned ..... appellant put up a huge industrial unit for the purpose .....

M/s Rajesh Exports Ltd Vs. Mr Kv Kishore

Court : Karnataka

..... the contention of the learned counsel for the respondent that if the proceeding was completed before the commencement of the proceedings under section 22(1) of the sick industrial companies (special provisions) act, 1985, it can continue, may not apply to the facts of this case since the proceedings before the trial court is yet to ..... words, if under the approved resolution plan, there is a change in the management and control of the corporate debtor, to a person, who is not a promoter, or in the management and control of the corporate debtor, or a related party of the corporate debtor, or the person who acquires control or management of the corporate debtor, has neither abetted nor conspired in the commission of the offence, then, the prosecution, if it is instituted after the commence-ment of ..... deshpande, income tax officer, companies circle i (8), bombay, (1972) 1 scc438: air1972sc878 the supreme court, while considering the provisions of section 446 of the companies act, vis-a-vis, the provisions of section 147 of the income tax act pertaining to initiation of reassessment proceedings against a company under liquidation, held that, obtaining of leave from liquidating court under section 446 of the companies act is not a condition precedent for initiating reassessment proceedings against a ..... s.r.kamalacharan, advocate) this writ petition is filed under articles226and227of the constitution of india read with section482of cr.p.c. ..... state of maharashtra [indorama synthetics (i) .....

Child In Conflict With Law Through His Mother Vs. The State Of Karnata ...

Court : Supreme Court of India

..... apprehending the child and offence alleged to have been committed by the child as provided by the officers, individuals, agencies producing the child shall be reviewed by the board and the board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the act, namely: (i) disposing of the case, if on the consideration of the documents and record submitted at the time of his first appearance, his being in conflict with ..... board, as defined in section 2(10) of the act, means the board as constituted under section ..... (7) when witnesses are produced for examination in an inquiry relating to a child alleged to be in conflict with law, the board shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred by section 165 of the indian evidence act, 1872 (1 of 1872) so as to interrogate the child and proceed with the presumptions ..... (3) the special court constituted under this act, notwithstanding anything in the information technology act, 2000 (21 of 2000) shall have jurisdiction to try offences under section 67b of that act in so far as it relates to publication or transmission of sexually explicit material depicting children page 36 of 77 in any act, or conduct or manner or ..... been followed by recent judgments of the high courts of bombay [maharashtra state road development corpn. ..... air1968sc224, section 17 of the industrial page 51 of 77 disputes act, 1947 came .....

Fertilizer Corporation Of India Ltd. Vs. M/s. Coromandal Sacks Private ...

Court : Supreme Court of India

..... respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 civil ..... bank or public financial institution having an interest in an industrial company is satisfied that the industrial company has become sick, it may also make a reference to the board; (iv) establishment of board consisting of experts in various relevant fields with powers to enquire into and determine the incidence of sickness in industrial companies and devise suitable remedial measures through appropriate schemes or other proposals and for proper implementation thereof; v) constitution of an appellate authority consisting of persons who are ..... others reported in (1990) 2 scc440 in the said case, while deciding an appeal against the decision of the bombay high court quashing recovery proceedings towards property taxes and other amounts due under the provisions of the bombay village panchayat act, 1959 against the respondent company therein, which had been declared to be a sick company under the act, the bench held: civil appeal nos. ..... (1997) 10 scc649 this court, while answering the issue in the negative, distinguished the facts before it from the decisions in gram panchayat (supra) and maharashtra tubes (supra) and held thus: 13. .....

M/s Chamundeswari Electricity Supply Corporation Ltd Vs. M/s Raj Sheka ...

Court : Karnataka

..... in any event, the ground raised by plaintiff for opposing the proceedings before the arbitral tribunal to be constituted under section 18 of the msme act, those are matters which can be raised before the arbitral tribunal, as held by the hon'ble supreme court in secure industries limited (supra). ..... with the words notwithstanding anything contained in any other law for the time being in force , 2 2019 scc online bom.340 14 and therefore, for disputes contemplated under section 18 of the msme act, if the jurisdiction of the facilitation council had been validly invoked, the facilitation council had exclusive jurisdiction to first enter upon conciliation and if conciliation fails, to refer the parties to arbitration.34. thus, the facilitation ..... therefore, to address the concerns of the entire small and medium enterprises sector, the related bill was introduced in parliament providing for a single legal framework.30 ..... in maharashtra state electricity distribution company limited (supra), delton electricals (supra) it was a matter where an award was challenged under section 34 of the arbitration act, 1996 and facilitation council had come to a conclusion that limitation act was not applicable to the provisions under the msme act ..... chapter ii deals with establishment of a national board for micro, small and medium enterprises ..... (emphasis supplied) i am in respectful agreement with the view taken by the bombay high court ..... the high court of bombay holds as follows: . . ..... the high court of bombay in shah & parikh .....