Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86e procedure before wage boards Court: madhya pradesh Page 1 of about 4 results (0.218 seconds)

Moil Janshakti Mazdoor Sangh Vs. Union of India

Court : Madhya Pradesh

..... reliance is placed on clause 12 and 13 of code of discipline and section 16 of bombay industrial relations act 1946 to bring home the submissions that there is no automatic cessation of status as representative union even ..... management or other unions; and (4) that there is no better method to verify support.those who support the check off system argue: (i) that the check off or authorization to deduct union subscriptions from wages clearly shows that the respective strength of unions: (ii) that unlike the secret ballot which only shows the preference at the moment, the check off system shows the continued support for the unions ..... one union if the same is not found responsible for breach of the code during period of one year immediately before claiming recognition subject to the condition that (i) a union not affiliated to any of the four central workers' organizations should wait for a period of one year after accepting the code of discipline before its request for recognition can be considered and (ii) a breach of the code of discipline should be established by ..... ii llj 217.it is contended that adhearing to the method of secret ballot in the context of the procedure provided by the code of discipline as a method of determination of majority of membership of the union in a particular period would be derogatory ..... the largest and the deepest manganese ore mines located at bhaveli, tirodu and ukwa in district balaghat in the state of madhya pradesh and some part of maharashtra state. .....

Moil Jan Shakti Majdoor Sangh Vs. Union of India

Court : Madhya Pradesh

..... bombay industrial relations act, 1946, maharashtra recognition of union and prevention of unfair practice act ..... industrial relations act ..... during course of discussions with the cmd on the said matter, he stated that at present since the industrial relation is cordial with the present recognized union of the management and there is no industrial unrest in the organization of the moil and also there is no breach of code of discipline by the said recognized union and this union is also having the largest membership ..... reliance is placed on clause 12 and 13 of code of discipline and section 16 of bombay industrial relations act 1946 to bring home the submissions that there is no automatic cessation of status as representative union even ..... those who support the check off system argue: (i) that the check off or authorization to deduct union subscriptions from wages clearly shows that the respective strength of unions: (ii) that unlike the secret ballot which only shows the preference at the moment, the check off system ..... resorted to during the course of procedure adhered to for recognition of representative union as per appendix iii of the code of discipline, it will be open for rival union to raise such dispute before the competent authority. 45. ..... of ascertaining the relative strengths of trade unions based on continuing loyalty reflected by the regular payment of union subscription, even if such subscriptions are deducted from the wages as permitted under the payment of wages act, 1936. .....

Mohammad Sagir Vs. Bharat Heavy Electricals and ors.

Court : Madhya Pradesh

Reported in : (2004)IILLJ1027MP; 2004(2)MPHT179; 2004(2)MPLJ359

..... it not been for the industrial disputes act, the bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, would have been within the jurisdiction of the ordinary civil courts to decide although the ordinary civil courts may not be able to grant all the reliefs that are contemplated by these acts. ..... contained in the foregoing provision shall apply if the concerned employee had made an approach before the 30th day of july, 1976 in accordance with the provisions contained in sub-section (3) of section 31 as it stood before the said date and in that case the provisions contained in sub-section (3) of section 31 and clause (i) of this section shall be applicable as they had been before the said date;(c) where an employee has preferred an appeal or representation against an order ..... -any appeal or any application, other than an application under any of the provisions of order xxi of the code of civil procedure, 1908, may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal ..... mandate by the legislature it would not be appropriate to state that a claim of an employee would be thrown over board as he had not approached the labour court within the time frame ..... had power to condone the delay and accordingly condoned the delay and decided the controversy in favour of the petitioner and directed reinstatement in service without back-wages. .....

Madhya Pradesh Dainik Vetan Bhogi Karmachari Sangh and anr. Vs. State ...

Court : Madhya Pradesh

Reported in : 2003(4)MPHT199

..... section 2 (5) of the bombay industrial relations act, 1946 specifically conferring power of withdrawal of any of the industry under the said act, it can not be said that in the present act by virtue of sub-section of section 1, the power to withdraw or modify a particular item from the schedule to this section ..... that the persons working therein are deemed workers and is not by itself discriminatory and therefore, notification issued by the maharashtra government under section 85(1), making the bidi-rollers in the specified places 'deemed workers' and entitling them to the benefits provided under the act, was also held not to be attacked on the ground that the state has issued the notification by selecting for ..... the division bench while referring to section 21 of the general clauses act held that the power to rescind the wages once fixed without any express provision in that regard in section 3 (1-a) of the minimum wages act will be interfered with reference to section 21 of the general clauses act because under section 21 of the general clauses act, it is always implicit where a power to issue notifications, orders, rules or bye-laws is concerned then that power ..... procedure has ..... before the amendment they were governed by the unamended act and by the exclusion of the 'engineering industry being carried on by the department of state government' a fatal dent has been created in their service career and it has created hurdle in the redressal of their grievances under the industrial .....

Hariram S/O Phul Singh Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 1992CriLJ2135

..... shanker rao ganuji kolhe air 1975 sc 575, their lordships observed that dictionary meaning was not of much help in construing the term 'honorarium' which was paid to the member of a wage board constituted under bombay industrial relations act, 1946, deciding an issue raised under bombay legislature members (removal of disqualifications) act, 1956. ..... according to him, the defence pleaded is not barred by section 19(1) of the act and that the plea is rather relatable to the proviso to sub-section (2) of section 10. ..... in its wisdom, the legislature devised ways and means to achieve that objective in the manner contemplated under different provisions of the act by balancing on the one hand requirements of public health and on the other hand, of due process for trial of offenders indulging in activities prejudicial to public health. ..... for selling adulterated goat-milk, the petitioner suffered conviction under section 7(1) read with section 16(1)(a)(i) of prevention of food adulteration act, 1954, for short, the 'act', and a sentence of six months' rigorous imprisonment besides fine of rs. ..... tandon's case air 1976 sc 621 : (1976 cri lj 547) which shri shrivastava cited before me was also considered in that case and it was held that the question answered by their lordships in that case was that 'storing for sale' (and not 'storing' simpliciter) was offensive and punishable. ..... state of maharashtra air 1966 sc 1788.12. .....

Association of Medical Representatives (M and V) Vs. the Industrial Tr ...

Court : Madhya Pradesh

Reported in : AIR1967MP114; [1967(15)FLR18]; (1966)ILLJ614MP

..... pradesh government to make the reference, the tribunal held that the madhya pradesh government was not the 'appropriate government' to refer the dispute in question as the company did not carry on the industry within the state of madhya pradesh and also did not have any industrial establishment or undertaking within the state and that the state government of maharashtra was the 'appropriate government' within the meaning of section 2(a)(ii) of the act in relation to the dispute in question. ..... learned counsel did not dispute that the maharashtra government had jurisdiction to refer the dispute under section 10(1) as the order of termination of d'silva's services was passed at bombay and he was under the control of the bombay office of the company; but he said that the madhya pradesh government had concurrent jurisdiction inasmuch as part of the cause of action giving rise to the dispute arose within the state of madhya pradesh.5. ..... it was observed by the supreme court :'the dispute between the 'hindu' bombay and salivaleeswaran was in respect of alleged wrongful termination of employment; it could acquire the character of an industrial dispute only if it was proved that ii was. ..... before it was referred, supported by the union of the employees of the 'hindu', bombay or by an appreciable number of its employees. .....

Management of the Burhanpur Tapti Mill Ltd. Vs. Industrial Court and a ...

Court : Madhya Pradesh

Reported in : AIR1965MP43; [1964(8)FLR436]

..... industrial relations act, 1960, provided that section 1 and section 112 of the act shall come into force at once and the state government may by notification bring all or any of the remaining provisions of the act into force in respect of any industries or undertakings on such date as might be specified in the notification ..... industrial relations act, 1960, came into force, that the reference stood transferred to the industrial court constituted under section 9 of the act of 1960 as amended in 1961.4 ..... while the reference in regard to the two mills was pending before the industrial court, indore, the madhya pradesh industrial relations act, 1960, which repealed the c. p. ..... industrial relations act, 1960, was amended by m. p ..... the report of that decision that at one stage of the proceedings before the industrial court at nagpur, a reference was made to the bombay high court for a decision on the question whether the proceedings, in so far as they related to the nine mills, stood transferred under section 125 of the states reorganisation act to the industrial court at nagpur, according to the report, the bombay high court expressed the opinion that a reference under section 125(2) could be made if a court or tribunal entertained a doubt as to whether ..... in the reorganisation of states, nine out of eleven textile mills, stated in schedule i to the notification became located in the new state of bombay, now maharashtra, and the remaining two mills, namely, the petitioner-mill and the b. n. c. .....

Hafiz Zakir HussaIn Vs. Akola Janta Commercial Co-operative Bank Ltd.

Court : Madhya Pradesh

Reported in : AIR2008MP193

..... in the division bench and the full bench judgments of the bombay high court are based on section 56 in part v of the 1949 act, but as we have held above, by section 56 in part v of the 1949 act, the provisions of the 1949 act only are made applicable to co-operative societies carrying on banking business and the said section 56 of the 1949 act cannot be construed to mean that the provisions of the 1993 act are also applicable to co-operative societies carrying on a banking ..... of the relevant statutes and entries 43, 44 and 45 of list i and entry 32 of list ii of the seventh schedule of the constitution, we answer the reference as under:co-operative banks' established under the maharashtra co-operative societies act 1960 mcs act, 1960; the andhra pradesh co-operative societies act 1964 apcs act, 1964 and the multi-state co-operative societies act 2002 mscs act, 2002 transacting the business of banking, do not fall within the meaning of 'banking company' as defined ..... (ii) the decision in manoj tarwala (supra) has also dealt with the issue relating to applicability of 1993 act to the co-operative banks and hence, the same has been soundly distinguished by the learned single judge and no fault can be ..... took note of the definition of bank contained in recovery of debt due lo brinks rind financial institutions article (for short, '1903 act'), the definition of bank as defined under 2002 act and placing reliance on tin unreported decision of the bombay high court in khaja industries v. .....

Dhariwal Industries Limited and ors. Vs. M.S.S. Food Products

Court : Madhya Pradesh

Reported in : 2004(29)PTC45(MP)

..... get-up that the plaintiff should be able to show that the disputed mark or get-up has become by user in the country distinctive of the plaintiff's goods so that the use in relation to any goods of the kind dealt in by the plaintiff of that mark or get-up will be understood by the trade and the public in that country as meaning that the goods are the plaintiff's goods ..... once the district judge was apprised that a previous suit by the appellants has already been instituted before high court of bombay, it should have withdrawn its hands under section 10 of the code and directed the parties to approach the high court of bombay instead of giving ex parte or bi parte temporary injunction. ..... which goes to show that the appellant had applied to the high court for transfer and stay of several criminal cases under prevention of food adulteration act pending before different criminal courts which clearly show that several food adulteration cases are pending against the appellants and that the appellants had not been maintaining the quality ..... allowed a temporary injunction application filed under order 39 rules 1 and 2 of the code of civil procedure (code for short) by the respondent and has dismissed in application under order 39 rule 4 of ..... masala and supari mix under trade name of 'malikchand' since 1959-60 and have been selling these goods at maharashtra, madhya pradesh, karnataka, gujarat and other parts of india. ..... name of dhariwal tobacco products limited and then dhariwal industries limited. .....

Jabalpur Electric Supply Company Ltd. Vs. State Industrial Court and o ...

Court : Madhya Pradesh

Reported in : (1959)IILLJ74MP

..... as against these definitions, the bombay industrial relations act, 1946, hereinafter called the bombay act, defines these terms as below :-3(13). ..... coolies for bringing the coal to the premises of the establishment is that of the contractor but the control of the operations within the premises connected with generating the electricity is that of the company.the state industrial court further held that the contractors were liable to pay dearness allowances and bonus to the coal coolies as was paid by the petitioner to the employees and that in fixing the rates with the contractors ..... to do any skilled or unskilled manual or clerical work for hire or reward in any industry and includes-(a) a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause (e) of clause (14);(b) a person who has been dismissed or discharged from employment on account of any dispute relating to a change in respect of which a notice is given or an application made under section 42 whether before or after his dismissal or discharge.3(14) ' employer' includes-(c) where the owner of any ..... 1235 which was affirmed in appeal by the supreme court in maharashtra sugar mills v. ..... it is not in dispute that the coal coolies were employed by contractors who were liable to pay their wages and entitled to dismiss them or grant the leave. .....