Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86e procedure before wage boards Page 1 of about 641 results (0.363 seconds)

Labour Law Practitioner's Association and Anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : [1979(39)FLR89]

..... are constituted under the industrial disputes act, 1947 and the bombay industrial relations act, 1946 and that under the industrial disputes act, labour courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second schedule of the act and for performing such work as may be assigned to them under the act. ..... the bombay industrial relations act clearly establish that the labour courts would be the courts performing judicial functions and are empowered to render definitive decisions which have finality and authoritativeness so as to bind the parties appearing before them as to their rights, subject, of course, to appeal as provided in the act.13. mr ..... the state government has framed rules under the powers conferred under section 38 and rule 16 of the industrial disputes (bombay) rules, 1957 requires the labour court to serve a notice upon the opposite party before settling a dispute between the employer and the employee, rule 17 of the rules confers power upon the tribunal ..... commissioners of labour and were deputed on the date of the order under challenge to the bombay iron and steel labour board and the maharashtra state textile corporation limited, bombay, respectively. 3. ..... of section 80 of this act provide for the procedure to be followed in an application to be made to the labour court and section 81 enables the labour court to refer to the industrial court for decision any question of law arising in a proceeding before it .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : '123a. ..... , so far as it is not inconsistent with the provisions of this act, be made, instituted, continued and availed of as if the said act had no been repealed and continues in operation : (b) any proceedings pending before the state industrial court, a district industrial court, the labour commissioner, the registrar or the wage board, conciliation proceedings, or any proceedings relating to the trial of offences punishable under the provisions of the act so repealed shall be continued and completed as if the said act has not been repealed said continued in operation ..... , and any penalty imposed in such proceedings shall be recorded under the act so repealed.' * * * 7. .....

Pune District Central Co-operative Bank Ltd. Vs. Bank Karmachari Sangh ...

Court : Mumbai

Reported in : 2000(4)BomCR811

..... it is needless to mention that the petitioner bank is governed by the provisions of the bombay industrial relations act, 1946 and is also governed by the provisions of the maharashtra co-operative societies act, 1960.1 need not dwell on the point that both the statutes operate in separate fields and both have different object to be ..... no settlement is arrived at in any conciliator proceeding in regard to any industrial dispute which has arisen in consequence of a notice relating to any change given under sub-section (1) or sub-section (2), no fresh notice with regard to the same change or a change similar in all material particulars shall be given before the expiry of two months from the date of the completion of the proceeding within the meaning of section 63. ..... in nutshell was that for any change of whatsoever nature, adverse or beneficial to the employees, a notice of change must be given to them under section 42 of the act by any party intending to effect any change in respect of an industrial matter and the procedure prescribed under chapter viii must be followed.7. ..... it was therefore, submitted on behalf of the petitioner before the industrial court as also before me that the bank had acted under the directions of the authority under the maharashtra co-operative societies act, 1960 and had framed new service regulations under the directions issued by the authority and therefore the bank had committed neither an illegal change nor an unfair labour practice under either .....

The Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

..... , this court has held in various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, 1968. 34. ..... by the notification dated 02.11.1973, the government of maharashtra exercised its powers under section 2(4) of the bombay industrial relations act, 1946 and made the said act applicable to the nanded district from 15.11.1973 thereby covering the business of banking companies and cooperative ..... (n) the bombay industrial relations act, 1946 (presently known as 'the maharashtra industrial relations act') was made applicable to the petitioner-bank with effect from 15.11.1973 vide notification dated 02.11. ..... however, the appellate court considered the definition of a workman under section 2(s) of the industrial disputes act, 1947 and only on the basis of the salary drawn, has concluded that the dispute was maintainable before the cooperative court as the wages earned by the respondents were more than the limit of rs.1600/. ..... supra) concluded that a claim which is not entertainable by civil court under section 9 of the civil procedure code cannot be allowed to be entertained under section 91 of the cooperative societies act. .....

Navnath Siddhappa Koli Vs. Siddheshwar Sahakari Sakhar Karkhana Limite ...

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... , the extent of the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... revisional jurisdiction of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record of the case is before it. ..... of 1980, under section 44 of the pulp act before the industrial court at bombay. ..... kulkarni relating to the jurisdiction of the industrial court under section 44 of the pulp act, it would be better to dispose of another point which he has with some perseverance urged. ..... the question as to whether the order of dismissal was justifiable or not was within the competence of the labour court to decide on the basis of the material which was placed before it by both the parties and if in exercise of that jurisdiction the labour court came to a finding, then that finding was not as enable to any interference at the hands of the industrial court under section 44 of the pulp act. ..... of 1977, before the labour court at solapur under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, hereinafter referred to for brevity's sake as the 'pulp act' . ..... (3) is the applicant entitled to back wages?she answered all the issues in the affirmative in favour of the ..... national coal board, 1961(3) w.l.r. .....

Arvind Ramdas Valke Vs. Ispat Industries Ltd. and ors.

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... (1979)iillj194sc to state that this was the only objection taken in the written statement and there was no ground that he does not satisfy the requirements of section 3(13) of the bombay industrial relations act, 1946. ..... paragraph 2, the employee has pleaded that the provisions of the bombay industrial relations act, 1946 as also provisions of industrial disputes act, 1947 are applicable to the industry. ..... act, 1971 covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946 ..... stated that the contention of shri valke that, he was supervising the working of machines and not of men, is without any pleading and by placing reliance upon the bombay industrial relations act, 1946 and shankar chakravarti v. ..... against this, shri kumar, advocate for employer, contended that the contention of the employer before the industrial court was that the employee was not a workman under section 2(s) of the industrial disputes act as also under section 3(5) of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 i.e. m.r.t.u. & p.u.l.p. ..... is made clear that the industrial court was considering only question of status of shri valke and the observations made by it in relation to his claim for salary and wages made in exhibit 49 are not binding as that claim was not before it. .....

Sahakari Bank Karmachari Sangh Vs. the District Deputy Registrar, Co ...

Court : Mumbai

Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118

..... the seats so reserved shall be filled by selection made by the union or unions recognized under the bombay industrial relations act, 1946 (bom.xi of 1947) or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mah. ..... this culminated into the petitionerunion making a reference of the industrial dispute to the wage board under section 88cc of the bombay act. ..... section 20 of the bombay act which falls in chapter iii which provides for registration of unions states that any party to a proceeding before the registrar may appeal against the order passed by the registrar under this chapter to the industrial court. ..... it further held that irrespective of whether the employees of the 3rd respondent were members of the petitionerunion, the petitionerunion as a representative union was entitled to represent the employees of the 3rd respondent employer before the wage board. ..... before the wage board, the 3rd respondent employer raised a preliminary objection as to the tenability of the reference. ..... this court further observed that in view of the fact that as per section 10(1) of the mrtu & pulp act at least fifty employees are required before a union can be registered as a recognised union, many cooperative banks would not have a recognised union. .....

Ashrafinath R. Yadav and ors. Vs. National Textile Corporation and ors ...

Court : Mumbai

Reported in : 2002(3)BomCR352; (2002)1BOMLR115; [2002(92)FLR1109]; 2002(1)MhLj487

..... as the respondents did not accede to the demand made by the petitioners to make them permanent, the petitioners filed an application under the provisions of bombay industrial relations act, 1946, complaining that the respondents had committed an illegal change claiming permanency. ..... appears that on 14th february 1995, the respondents, gave notice of change under the provisions of bombay industrial relations act for introduction of voluntary retirement scheme in some departments. ..... person were superannuated and the posts have not been abolished, by following the procedure under bombay industrial relations act. ..... also urges that inany event the bar under section 59 will operate and the complaint is liable to be dismissed, in view of the fact that the petitioners had actually approached the labour court under the bombay industrial relations act.7. ..... an interim order was passed whereby the industrial court directing the respondents to provide regular work to the petitioners pending hearing and final disposal of the complaint ..... writ petition challenges the order of the industrial court dismissing a complaint filed by the petitioners under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... the claim of the workmen related to a period before the mill was declared a sick ..... vehemently opposes any relief being granted to the petitioners as according to him the permanent workmen are being paid idle wages by respondent no. 1. .....

Ambika Silk Mills Co. Ltd. and Another Vs. Maharashtra General Kamgar ...

Court : Mumbai

Reported in : 1998(2)ALLMR609; 1998(2)BomCR148; [1998(79)FLR1]; (1999)IIILLJ1095Bom; 1998(1)MhLj568

..... maharashtra general kamgar union, though is neither representative nor approved union under the bombay industrial relations act, 1946, filed a complaint of unfair labour practice under section 28 read with item 9 of schedule iv of the mrtu & pulp act against the employer company in the industrial ..... court was challenged by the union before the apex court, the principal question canvassed before the apex court was whether a representative union under the bombay industrial relations act, 1946 has the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the mrtu & pulp act other than those specified in items ..... and the accident, the provisions of section 25-o(1) relating to procedure for closing down shall not be applicable to the employer company for a period of three years from the date of accident, obviously, therefore, on the basis of the order passed by the appropriate government the employer company was not required to follow the procedure as contemplated under section 25-o(1) and it was open to employer ..... according to the complainant, the employer company has not closed legally and, therefore, the employer company be directed to pay wages and other benefits to the employees for the month of september 1986 and thereafter during the subsistence of the contract of employment ..... permission under section 25-o(7), it may be noted that on 6-1-1987 the employer company displayed a notice on the notice board about .....

State of Maharashtra Vs. Labour Law Practitioners's Association

Court : Mumbai

Reported in : 1988(2)BomCR16; (1987)89BOMLR120; [1987(54)FLR732]; 1987MhLJ191

..... the bombay industrial relations act, 1946 and the maharashtra recognition of trade union and prevention of unfair labour practices act 1971.2 ..... for the time being in force; or (d-2) he holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than that of deputy registrar of any such industrial court or tribunal for not less than five years; or(d-3) he holds a degree in law of university established by law in any part of india and is holding or has held an office not lower in rank than that of assistant commissioner of ..... sub-section (1) of section 7 authorises the state government (the appellant) to constitute one or more labour court for the adjudication of industrial disputes relating to any matter specified in the second schedule to that act sub-section (2) of section 7 provides that the labour court shall consist of one person to be appointed by ..... section 9 of the bombay industrial relations act constitutes labour court for the purpose of deciding the disputes set out in section 78 of that act ..... , it performed the judicial function of rendering definitive judgments having finality and authoritativeness to bind the parties litigating their rights before it in exercise of sovereign judicial power transferred to it by the state and (b) such tribunal, body or authority was subject to the high court's appellate or ..... all the essential procedural provision for the functioning of the judicial authorities was made .....