Court : Mumbai Nagpur
..... as per the provisions of section 3(18) of the act of 1971, the words and expressions used in the act of 1971 and not defined therein or in the bombay industrial relations act, 1946 shall have the meanings assigned to them by the act of 1947. ..... the question that arises for consideration in this writ petition is whether a complaint under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short, the act of 1971) under schedule iv item 9 is maintainable for a declaration that non-compliance of the judgment in an earlier complaint filed under section 28 of the act of 1971 would amount to an unfair labour practice. 2. ..... akola (supra) learned single judge considered the question as to whether in a writ petition filed by an employer challenging the order of reinstatement passed under the act of 1971, the employee could maintain an application under section 17b of the act of 1947 for seeking last drawn wages. ..... a plain reading of the objection filed before the industrial court reveals that it is sought to be demonstrated that the complaint as filed by invoking item-9 to schedule-iv of the act of 1971 is itself not maintainable in absence of any award, settlement or agreement under the act of 1947. ..... the provisions of section 17a refer to commencement of the award while section 17b of the act of 1947 empowers the court to pay full wages last drawn by a workman in case the order of reinstatement is challenged by the employer. .....
Tag this Judgment!Court : Mumbai Nagpur
..... by not giving promotion to the complainants but giving the same to the respondents violating golden rule of the seniority, the employer _ respondent no.1 bank effected the 'change' in the condition of service without following the provisions of section 42 of the bombay industrial relations act, 1946. ..... the seniority by respondent no.1 _ employer and has become agreed condition of service between employer and employees and therefore, granting promotion to respondent nos.2 to 5 in violation of the seniority amounted to change in condition of service without following the procedure laid down under section 42 of the bombay relations act, 1946 resulting into illegal change. ..... the original complainants filed complaints (ulp) nos.121/2006, 125/2006, 126/2006 under section 28 r/w item nos.5 and 9 of schedule iv the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short _ the mrtu and pulp act, 1971) claiming that respondent nos.2 to 5 in the complaints filed by them were promoted from the post of peon to the post of clerk by respondent no.1 - chandrapur district central cooperative bank limited, chandrapur without ..... if such be the duties and functions of the industrial tribunal or the labour court, any party appearing before it must make a claim or demur the claim of the other side and when there is a burden upon it to prove or establish the fact so as to invite a decision in its favour, it has to lead evidence. .....
Tag this Judgment!Court : Mumbai Nagpur
..... he points out that though central government is appropriate government for respondent no.6, as deduction under bombay labour welfare act still continues, bombay industrial relations act, 1946 continues to apply and hence, to that extent, there is statute, which regulates grant of status as representative union in state of maharashtra. ..... he further submits that the bombay industrial relations act, 1946 and the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 are such statutes in state of maharashtra. ..... merely because a welfare measure of deduction towards welfare fund being carried under bombay welfare labour act is continuing, that would not mean that provisions of bombay industrial relations act, 1946 apply to respondent no.6. 12. ..... as provisions of section 2(a) of industrial disputes act, 1947 are very clear, central government being appropriate government, provisions of bombay industrial relations act, 1946 do not apply to respondent no.6. ..... appendix iii of code of discipline contains procedure for verification of membership of unions for the purpose of recognition under the code of discipline. ..... as per this exception, said procedure is not applicable in the states where recognition of unions is regulated by a statute. ..... a procedure for verification of membership of unions, to determine their representative character, has also been approved by the standing labour committee. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the respondents thereafter approached the learned industrial court with a grievance that by transferring the employees from the quality control department, the appellant has committed an illegal change, as notice of change under section 42(1) of the bombay industrial relations act, 1946 (for short, the bir act ) was not given. ..... the establishment of the appellant is situated at midc (maharashtra industrial development corporation) area, buritibori, nagpur. ..... on similar trade / job in any department within the organization and in case the concerned worker refuse to move on to that work, it will be treated as misconduct under the standing orders applicable to the organization and action of deduction of wages and also necessary disciplinary action, will be taken against the said worker. 11. ..... insofar as judgment of the apex court in the case of life insurance corporation of indiacited supra the question before the apex court was as to whether between industrial disputes act and the life insurance corporation act, what would prevail. ..... but, we are unable to agree that item 1 of the schedule ii to the act is intended to cover the cases like the one before us had that been the legislative intent the assignment of work and the transfer of workers within the establishment would not have been included in schedule iii to the act. ..... it may be contended that in the case before the apex court, there was no evidence about the fixed number of workers in the crimping department and twisting department .....
Tag this Judgment!Court : Mumbai Nagpur
..... under subsection (18) of section 3 of the bombay industrial relations act includes wages? ..... when the said enactment was brought into force, there were only two enactments in force providing machinery for investigation and settlement of industrial disputes one was the bombay industrial relations act, 1946, which is a state legislation; and the other was the industrial disputes act, 1947, which is a central legislation. ..... in the complaint (ulp) no.102 of 2009 filed by the elected representatives under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the mrtu and pulp act? ..... section 28 of the mrtu and pulp act prescribes procedure for dealing with complaints relating to unfair labour practices. ..... before proceeding to deal with the controversy involved in this case, certain provisions of the payment of bonus act need to be looked into. 11. ..... there is no question of remand of the matter back to the industrial court to provide an opportunity to the petitioner-employer to lead any such evidence for the reasons that (i) it is not the claim made before this court; (ii) declaration of 20% bonus is not disputed; and (iii) the question is merely of calculation as per section 12 of the payment of bonus act. ..... the employer is, therefore, before this court in this writ petition. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is argued that the petitioner is an industry engaged in manufacturing of gas cylinders at kalmeshwar, district nagpur and the provisions of the bombay industrial relations act, 1946 are applicable and not chapter v-b of the industrial disputes act, 1947. 4. ..... taking stock of the above discussion, in view of section 2 (kkk) of the industrial disputes act, the reason given for lay-off by the petitioner as shortage or non-availability of orders appear contrary to facts and was rightly found as illegal and without justification by the learned industrial court. ..... the court held that the petitioner herein committed the unfair labour practice while resorting to lay-off and not paying wages (vide item 9 schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... where lay-off satisfies the tests laid down under section 2 (kkk) of the industrial disputes act, it is not open for the tribunal to inquire whether the employer could have avoided lay-off if he had been more diligent, more careful and farsighted. ..... of-course, the employer is expected to manage his affairs prudently in anticipating and avoiding the difficulties before he may lay-off his workmen. ..... from the bis which advised the petitioner herein to improve quality of their product within one month from the date of issuance of letter, failing which they will take action including stopping marking as per procedure of bis. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the complaint was filed by the elected representatives of the employees under the bombay industrial relations act, 1946. ..... it has to be held that the employer has right to withdraw the overtime work even unilaterally and such action on the part of the employer does not amount to change, requiring a notice under section 42 of the bombay industrial relations act. ..... it has also been held that the employment of the new recruits on temporary basis for getting the extra work done, amounts to change in the service conditions and hence, the notice of change under section 42 of the bombay industrial relations act was required to be given to the employees and failure to give such notice, vitiates the change. ..... the question as to whether the complainants/respondent nos.1 to 5 have a legal right to get the overtime work and consequently the wages for the same, is no more res integra in view of the judgment of the division bench of this court in the case of india security press mazdoor sangh v. ..... it was a complaint invoking item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 on the ground that the petitioner-employer was engaged in unfair labour practice by recruiting new employees and taking overtime work from the permanent employees. ..... it is admitted before us that there are no standing orders on the subject. .....
Tag this Judgment!Court : Mumbai Nagpur
..... and berar act came to be repealed and the provisions of the bombay industrial relations act, 1946 (for short "bir act") were made applicable to the paper industry in vidarbha region. ..... act applies, but a matter relating to an industry governed by the bombay industrial relations act. 42. ..... the facts in brief giving rise to the present appeal are as under:- respondent no.1 which is undisputedly an unrecognized union filed a complaint being complaint ulp no.1286 of 1987 under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as "mrtu and pulp act) under item nos. ..... and order dated 6.7.2010 allowed the writ petition, setting aside the judgment and order passed by the learned industrial court and allowed the complaint and declared that the employer had indulged in unfair labour practice falling under items 5 and 9 of schedule iv of mrtu and pulp act by not giving similar wages to the members of petitioner-union and by not treating them as permanent workmen after they completed 240 days of uninterrupted service ..... however, it appears that for the first time, the appellant by way of an after thought contended before the learned single judge that the employer was having its own standing orders i.e. ..... state electricity board .vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 3 (13) of bombay industrial relations act, 1946 defines employee as under:"employee" means any person employed to do any skilled or unskilled 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 subclause (e) of clause (14);(b) a person who has been dismissed, discharged or retrenched or whose services have been terminated from employment on account of any dispute relating to change in respect of which notice is given or an application made under section 42 whether ..... (2005) 12 scc 433 (oswal petrochemicals vs government of maharashtra) only follows settled law and does not advance the stand of petitioner. ..... before or after his dismissal, discharge, retrenchment or, as the case ..... complaint no.28/2008 are modified and respective direction to pay 50% back wages from the date of termination till reinstatement therein stands quashed and set aside. .....
Tag this Judgment!Court : Mumbai Nagpur
..... as required by the section 42 of the bombay industrial relations act, 1946.? 16. ..... , 3118 of 2004, 3119 of 2004, 3120 of 2004, 3502 of 2001, 3531 of 2004, 3592 of 2004, 5902 of 2002 and 5954 of 2004, challenging the decision of the industrial court setting aside the order of reinstatement with continuity in service and full back wages; whereas, the corporation has preferred writ petitions nos.67 of 2006, 1023 of 2002, 1024 of 2002, 1025 of 2002, 1026 of 2002, 1027 of 2002, 1028 of 2002, 1029 ..... separate complaints were filed by all these employees under section 28 read with item i of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, which were allowed by the labour court, nagpur, by its separate judgments and orders, granting a declaration that the termination of all these complainants amounts to ..... closure, whereas the provisions of section 25-n of the act provide for conditions precedent to retrenchment; section 25-o speaks of procedure for closing down an undertaking. ..... of the provisions contained in sections 25-n and 25-o of the act leaves no manner of doubt that the employer who intends to close down the undertaking and/or effect retrenchment of workmen working in such industrial establishment, is bound to apply for prior permission at least ninety days before the date on which the intended ..... in the meetings of the board of directors of the corporation held on 20.6.1990 and 15.9.1990, the said report was accepted and it .....
Tag this Judgment!