Court : Mumbai
Reported in : (2001)ILLJ187Bom
..... one of the points canvassed in the written statement and which was the only point urged before me, was the refusal of work by the employer to the workman may amount to a closure within the meaning of section 3(8a) of the bombay industrial relations act which would merely give a right to claim compensation for such closure. ..... of the corporation was that even if there was a refusal to provide work as alleged, this would amount to a closure and, nonetheless, the legality and justification for the closure would need to be determined in an adjudication under the bombay industrial relations act, in the absence of which the workers would not be entitled to any relief. ..... fourthly, the remedy, if any, under the provisions of the bombay industrial relations act cannot operate to oust the remedy under the mrtu & pulp act, 1971. ..... the industrial court justifiably held that in these circumstances, it was not open to the corporation to select a few employees for : being allotted work and for the payment of wages. ..... however, while terminating the contract, he has to give one month's notice in writing or salary or wages, as the case may be, for one month in lieu of the notice. ..... the complaint in question was filed under items 5 and 9 of schedule iv to the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR842; [2007(112)FLR1003]; 2007(1)MhLj644
..... counsel for the petitioners drew our attention to section 21 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'trade union act') and section 33 and 33a of the bombay industrial relations act, 1946 (hereinafter referred to as the 'act of 1946'). ..... 1 urged that sections 33 and 33a of the act of 1946, clearly bar individuals from appearing in all proceedings before the industrial court and the right to do so was given to a recognised union ..... the very wording of section 72 will show that it covers altogether different area and present dispute did not come before the industrial court on a reference by the government ..... 1, clearly laid down that individual workmen has no right of appearance in case of a dispute before the industrial court and when they are represented by a recognised union. ..... contended that the petitioners had no right to appear before the industrial court and contend that their names should be deleted. ..... but where the appearance is by any representative of employees other than a representative-union authorities under section 32 can permit the employee to appear himself in all proceedings before them and further the employee is entitled to appear by any person in certain proceedings specified in section 33 but whenever the representative-union made an appearance, even the employee cannot appear in any proceedings under the act and the representation must be confined only to the representative-union. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR78; 2007(1)BomCR529; (2007)109BOMLR1; [2006(108)FLR879]; (2007)IILLJ217Bom; 2007(1)MhLj659
..... act which applies to establishments covered by the provisions of that act and those industries covered by the provisions of the bombay industrial relations act.the code of discipline has emerged from a consensus on the part of industries ..... concerned implementation officer or an officer of the central or state industrial relations machinery. ..... latter,then in a situation where the total unionised strength is less than 50% of the work force, and this is the average scenario in our country, then a minority will be negotiating for the entire establishment/industry/region; on the other hand, if the entire workforce were to participate, then it is argued this may; weaken the urge or inducement for non-unionised workers to become members of one or other of the ..... 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 ..... the issue before the supreme court was, whether the procedure adopted by the industrial court for ..... the supreme court noted that though there was a strong demand from some sections for recognizing the bargaining agent of the workmen by a secret ballot or otherwise, the national labour ..... enactment in the state of maharashtra are contained in the provisions ..... board .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR80
..... he has stated that because of this exercise undertaken by the industrial court, employer did not get opportunity to address that court to show that charge sheet was served within reasonable time, or then also to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, were only directory. ..... to support its finding that charge sheet needed to be issued within a reasonable time it mentioned provisions of section 78 [1][d][i] of the bombay industrial relations act, it is to be noted that in paragraph no. ..... to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, are only directory he has relied upon the division bench judgment of this court reported at : 1994 [1] bcr 593 maniram nayansingh thapa and ors. v. ..... in view of its finding, that charge sheet was not issued within reasonable time and that the parties were before labour court in complaint and the issue was also involved there, it has found that the unfair labour practice under item 9 was made out.18. ..... 282/1996 declaring that, by issuing charge sheet dated 10.01.1996, it had indulged in unfair labour practice falling under item 9 of schedule iv of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the mrtu & pulp act' for short).2. ..... state of maharashtra and anr. ..... state of maharashtra and anr..9. .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(93)FLR350]; (2002)IILLJ328Bom
..... the petitioner is a trade union, registered under the trade unions act, 1926, and is also registered as the representative union under the bombay industrial relations act, 1946, for the co-operative banking industry in the local area of thane municipal limits. ..... 2 which is a union neither registered as a representative union in the local area as contemplated by the bombay industrial relations act, 1946 (for short b.i.r. ..... act, 1946 and also under the maharashtra cooperative societies act, 1960. ..... according to the learned counsel, it is a fact that the petitioner union had never submitted any charter of demands before filing of the present complaint and before addressing the letter dated december 19, 2001 requesting the bank not to discuss with the other union as petitioner union was the only sole bargaining agent under the b.i.r. ..... under the latter act as per section 73-bb the representative union is entitled to depute two of its representatives on the board of directors but the petitioner union never exercised the said valuable right in favour of the employees to depute its representatives which was the exclusive statutory privilege of a representative union under the said provisions of the act. ..... specifically pointed out by the bank that the petitioner-union as a representative union had never submitted any notice of change desiring change in the service conditions of the employees by submitting a charter of demands for revision of the wages etc. .....
Tag this Judgment!Court : Mumbai
Reported in : [2006(108)FLR1184]; (2006)IILLJ625Bom
..... section 59 bars the proceedings under industrial disputes act or bombay industrial relations act, if any proceeding in respect of the matter falling under mrtu & pulp act is instituted under that act ..... 1996 the union filed a reference before the labour court, mumbai in terms of section 25(2) of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (for short, 'mrtu & pulp act'). ..... workers (for short, 'the union') filed the writ petition before this court praying therein that direction be issued to the assistant commissioner of labour (conciliation officer) to initiate conciliation proceedings with regard to the demand raised by the union for lifting the illegal lock-out and for payment during the period of lock-out and in case of failure, direction to the state government to refer the industrial dispute for adjudication. ..... petition, the commissioner of labour, deputy commissioner of labour, assistant commissioner of labour, state of maharashtra and premier automobiles limited were impleaded as respondents 1 to 5 respectively. ..... set out for not intervening in the said dispute; (one) that the a legality of the lock-out effected by the employer with effect from june 5, 1996 is a subject matter pending before 6th labour court in complaint (ulp) no. ..... , the assistant commissioner of labour cannot be said to have erred in declining to intervene in the matter because of the pendency of the proceedings before the 6th labour court under mrtu & pulp act.7. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR416; 2006(3)BomCR246; [2006(110)FLR27]; 2006(4)MhLj578
..... the petition that their services are governed by the standing orders certified under the bombay industrial relations act, 1946 (hereinafter referred to as the bir act) and agreements/settlements entered into by the respondent company with the representative union ..... section (2) of section 21 which inter alia provides that notwithstanding anything contained in the bombay act, no employee in any industry to which the provisions of the bombay act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the representative of employees entitled to appear under section 30 of the bombay act ..... been submitted that neither in the pleadings nor in the evidence nor in the arguments before the industrial court the contention has been raised that there has been a breach or violation of ..... the industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act (hereinafter referred to as the mrtu & pulp act). ..... was referred to the board for industrial and financial reconstruction (bifr) under the provisions of the sick industrial companies (special provisions) act, 1985 (hereinafter referred ..... not liable to provide work is unsustainable because the passes of the petitioners are not cancelled and for abolition the mill has to follow the procedure for reducing posts as provided in bir act.6. .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)ILLJ55Bom
..... it is now well-nigh settled that for being covered under the umbrella of the act, one must be an employee within the definition of section 3(5) of the act and, in that, he should be a workman under the industrial disputes act, 1947 or the bombay industrial relations act, 1946, as the case may be. ..... in fact, the petition is liable to be dismissed only for the reason that nothing was stated before the industrial court regarding the duties of the petitioner and, secondly, it was also not made out before this court in the petition. ..... the petitioner, it seems had filed a complaint before the industrial court, complaining against the order setting up a departmental enquiry against him for some acts of misconduct. ..... this is a petition challenging the order passed by the industrial court which has rejected the complaint in limine, by holding that the same is filed by a person who is a class-ii gazetted officer and a sectional engineer and cannot be termed as 'workman' and cannot excite the jurisdiction of the industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act').2a. ..... in the whole petition, beyond dubbing the order of the industrial court as illegal and beyond contending that the industrial court has committed grave error of law in returning the case for being presented before the appropriate forum, there is absolutely nothing which is stated therein. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3117; 2009(6)MhLj463
..... submitted that one dhargave was recruited by the respondent on 9-10-1991 without offering to him an opportunity of re-employment, thus breaching the provisions of section 25-h of the industrial disputes act as also the model standing orders framed under the bombay industrial relations act. ..... the learned counsel for the petitioner submitted that if the petitioner was retrenched, in terms of section 25-h of the industrial disputes act as also clauses 4d and 4e of the model standing orders applicable to the respondent, it was necessary for the respondent to give preference to the petitioner in employment if the work ..... by the workman takes exception to the dismissal of his complaint recording unfair labour practice under items 9 and 10 of schedule iv of the maharashtra recognition of trade unions and unfair labour practices act by the learned member, industrial court, nagpur, by his impugned order dated 25-11-1998.2. ..... in the evidence tendered before the learned member, industrial court, on behalf of the respondent bank, it was stated by the respondent's general manager namdeo barapatre that the petitioner was engaged on daily wages without any advertisement or any selection process and was working on a clerical post till ..... court has held that if at the time of employment of such persons the model standing orders govern such employment, subsequent framing of recruitment rules would be unhelpful unless such rules are notified under the industrial employment (standing orders) act, 1946. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR395; [2006(111)FLR944]; 2006(5)MhLj655
..... he was working in a supervisory capacity and therefore he was not an employee under section 3(13) of bombay industrial relations act, not a workman under the mrtu & pulp act and consequently the complaint was not maintainable and the labour court had no jurisdiction to entertain and try the ..... by the order of the labour court the petitioner filed a revision under section 44 of the mrtu & pulp act before the industrial court. ..... this petition the petitioner-company challenges the judgment and order dated 12th december, 2000 passed by the industrial court, mumbai, dismissing its revision application against the order of the labour court.2. ..... in these peculiar facts and circumstances the industrial court came to the conclusion that no prejudice has been caused to the petitioner by denial of the opportunity of further cross-examining the ..... after consideration of the evidence which was already adduced before it, the labour court came to the conclusion that the petitioner had indulged in an unfair labour practice, falling under item 1 of schedule iv of the mrtu & pulp act, by terminating the services of the respondent without enquiry and in colourable exercise of the petitioner's alleged contractual rights as an ..... respondent challenged the termination of his service as an unfair labour practice falling under item 1 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'mrtu & pulp act'). ..... his wages were more than .....
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