Court : Mumbai
Reported in : 1986(1)BomCR440; [1986(52)FLR39]
..... sub-section (1) of section 3, being the definition section, provides that unless the context require otherwise under the said act, 'bombay act' means the bombay industrial relations act, 1946. ..... under sub-clause (c) under clause (1) of standing order 21.the relevant part of standing order 23 runs as follows :'.............at the hearing of the case he shall be given an opportunity to answer the charge and permitted to be defended by his representative under section 30 of the bombay industrial relations act, 1946 or by an employee of his choice.......... ..... 1 in the writ petition is an industry admittedly covered by the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as 'the b.i.r. ..... perusal of chapter xiib, xiii and xv further shows that proceedings before wage boards, courts of industrial arbitration and courts of inquiry might also be regarded as proceedings under the b.i.r. ..... desai, learned counsel who appeared for the petitioners, and who appears for the respondents before us, contended that under sub-section (2) of section 22 of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 being maharashtra act 1 of 1872 (hereinafter referred to us 'the said act of 1972'), a right was conferred on respondent no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)BomCR691; [2004(102)FLR188]; (2004)IIILLJ717Bom; 2004(3)MhLj22
..... and the retail cloth shop are registered under the two different acts, namely, the bombay industrial relations act and the bombay shops and establishments act respectively, same benefits would be available to the retail cloth shop workers as are available ..... the learned advocate for the sake of receiving benefits, the coverage by the bombay industrial relations act is not necessary as the employer cannot have two sets of service conditions for ..... the submission of the learned advocate for the petitioner that despite the bombay industrial relations act not being applicable, there cannot be two sets of service conditions in an establishment and, therefore, the employees even in the retail cloth shop ought to be retired at the age of 63 years ..... this is obviously because the respondent proceeded on the premise that the bombay industrial relations act not being applicable, the standing orders framed thereunder would have no application and, therefore, the petitioner would not be able to continue ..... the learned advocate for the petitioner submits that after coming into force of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 the employer cannot show favouritism to one set of workmen and give ..... which we are concerned, less than 50 workmen were employed and therefore, the model standing orders would not apply mutatis and mutandis to the retail cloth shop employees as section 38(b) would not then come into operation. ..... led before the industrial court .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... bombay industrial relations act, 1946 and industrial disputes act, 1947 and the industrial courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 are courts and courts subordinate to the high court in terms of section 3 of the contempt of courts act, 1971 or rather section 10 thereof and equally nominee of the registrar acting under section 96 of the gujarat co-operative societies act, 1961 and deciding disputes under section 101 and the co-operative tribunal under that act ..... 33, notwithstanding anything contained in any other provision of the act, an employee or a representative union shall be entitled to appear through any person, (a) in all proceedings before the industrial court; (aa) in all proceedings before a wage board and (b) in proceedings before a labour court for deciding whether a strike, lock- ..... but in many respects he is given the same powers as are given to ordinary civil courts of the land by the code of civil procedure including the power to summon and examine witnesses on oath, the power to order inspection of documents, to hear the parties after framing issues, ..... appointed by the state government in exercise of the powers under section 3 of the maharashtra co-operative societies act 1960 under the maharashtra government notification dated 11-3-1969 are courts within the meaning of the contempt of courts act while discharging their duties under the state act'.the following pertinent observations having been made in the report ' .....
Tag this Judgment!Court : Mumbai
Reported in : (1951)53BOMLR1003
..... an industrial dispute has arisen between the maharashtra sugar mills limited, belapur road district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other meansnow, therefore, in exercise of the powers conferred by section 73 of the bombay industria relations act, 1946 (bombay act xi of 1947 ..... the government of bombay is pleased to refer the said industrial dispute to the arbitration of the industrial court.it was urged on behalf of the appellants before the industrial court that contract labour was not covered by the definition of 'employee' under the act and that the court had therefore no jurisdiction to go into the dispute in regard to contract labour. ..... nor the coolies or cartman leaving before the end of the season, without taking previous permission from you in writing will be entitled to the proportionate refund of their deposit.it cannot be seriously disputed that the contractors engaged by the company were under the responsibility of employing responsible servants (as the company may approve of) for carrying on the operation entrusted to them and that these servants or coolies were to be paid wages by the contractor, and if thought ..... no other point was argued before us. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR772; 2002(5)BomCR772; [2002(94)FLR367]
..... that the employee cannot take any grounds to challenge the order of dismissal other than the grounds mentioned in the letter of approach under section 42(4) of the bombay industrial relations act, 1946. ..... the industrial court had wholly relied upon the following passage from the judgment of the labour appellate tribunal:--- 'section 42(4) of the bombay industrial relations act read with section 78(1) of the act under which the application in question was made to the labour court, expressly provides that no such application shall lie unless the employee has in the prescribed manner approached the employer with a ..... section 79 of the act prescribes the procedure to commence ..... though these points or the grounds were not pleaded by the respondent company in its written statement before the labour court, the learned member of the industrial court allowed the respondent company to canvass the said point on the ground that it was only a ..... the petitioner is aggrieved by the judgment and order of the industrial court, maharashtra in appeal filed by the respondent company against the order of the labour court at thane directing the respondent company to reinstate the petitioner with full backwages and continuity ..... in the application, it appears that the petitioner had urged that:(i) procedure of enquiry was not explained to him;(ii) in all the enquiry was not understandable by the workman;(iii) subsistence allowance was not paid to him during his suspension pending the enquiry and, therefore, he .....
Tag this Judgment!Court : Mumbai
Reported in : [1994(68)FLR1143]; 1993(2)MhLj1660
..... 2, thereafter, through his union made an application under section 78 and 79 of the bombay industrial relations act, 1946 (the act) before the labour court challenging the order of dismissal passed against him. ..... it may be pertinent to mention that the appeal lies under section 84 of the bombay industrial relations act, 1946 to the industrial court against an order of the labour court. ..... considering the facts and circumstances of this case, the undisputed findings of the labour court and the industrial court regarding the graveness of the misconduct of the employee and the decision of this court referred to above, i am of the clear opinion that the industrial court acted beyond its jurisdiction in reversing the order of dismissal and substituting it with its own order of reinstatement. ..... from a reading of the order of the industrial court, it appears that it was under the impression that while disposing of an appeal under section 84 read with section 85 of the act, it had all the powers of the domestic tribunal and hence, it was free to take a different view in any matter and substitute the opinion of the employer or the authorities below by his own opinion. ..... against the order of the labour court, an appeal was filed before the industrial court, maharashtra under section 84 read with section 85 of the act which was numbered as no. ..... a complaint was lodged against him by a lady commuter that on 29.11.1983 when she boarded the bus on route no. ..... 2 in service, though without back wages. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... ' the expression 'bombay act' is defined by clause (1) of section 3 of the recognition of trade unions act as meaning the bombay industrial relations act, 1946. ..... iii do not apply to undertakings in industries to which the provisions of the bombay industrial relations act, 1946, for the time being apply, and the second is that, the provisions of chapter iii apply only to an undertaking wherein fifty or more employees are employed or were employed on any day of the preceding twelve months. ..... it is an agreed position that the bombay industrial relations act applies to cooperative banks which do not have a branch or other establishment outside the state of maharashtra. ..... we do not see any substance in this argument, it is not necessary for an employee to be a member of the board of directors of a bank or a member of the managing committee of a co-operative bank to have access to the books of account of the bank. ..... it was contended before the supreme court that the minimum wages act nowhere formulated a legislative policy according to which an employment could be chosen for being included in the schedule and that that act prescribed no principles nor laid down any standards which could furnish any guidance to the administrative authority in making selection. ..... the parliamentary procedure and discussion in getting through a legislative measure in the legislatures is usually time-consuming. .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR140; 1966MhLJ1149
..... of dearness allowance as stipulated under the said award and the agreement shall not be enforceable in respect of such periods;now, therefore, in exercise of the powers conferred by section 4 of the said act, the government of maharashtra hereby directs(i) that the provisions of sub-section (i) of section 42, clauses (ai), (i), (ii), and (iii) of sub-section (2), sub-sections (3), (4) and (5) of section45 of the bombay industrial relations act, 1946 (so far as they relate to change in the terms of the award or as the ease may be, the agreement applicable to the said relief undertaking ..... section 116 of the bombay industrial relations act is an independent, separate and special provision which compels compliance with agreement, settlement or award by the parties during the period for which the agreement is to be effective, and also provides a machinery for terminating the agreement according to the procedure ..... (ii) all or any of the agreements, settlements, awards or standing orders made under any of the laws in the schedule to this act, which may be applicable to the undertaking immediately before it was acquired or taken over by the state government, or before any loan, guarantee or other financial assistance was provided to it by, or with the approval of, the state government, for being run as a relief undertaking, shall be suspended in oporation, or shall, if so directed by the state government, be ..... in schedule ii, item 9 refers to wages including the period and mode of payment. .....
Tag this Judgment!Court : Mumbai
Reported in : (1970)72BOMLR77
..... section (i) of section 42, clauses (ai), (i), (ii) and (iii) of sub-section (2) of section 46 and section 98 of the bombay industrial relations act, 1946 (bom xi of 1947) and of chapter va of the industrial disputes act 1947 (xiv of 1947) shall not apply and the said relief undertaking shall be exempt from the aforesaid provisions of the bombay industrial relations act and from the provisions of chapter va of the industrial disputes act.by order and in the name of the governor of maharashtra ..... sections 42(7) and 46(7) of the bombay industrial relations act leaves the government free to alter the terms of service of any employee engaged by it inter alia with respect to his wages without following the procedure and without complying with the conditions contained in the said sections ..... before it was acquired or taken over by the state government or before any loan, guarantee or other financial assistance was provided to it by, or with the approval of, the state government for being run as a relief undertaking, shall be suspended in operation, or shall, if so directed by the state government, be applied with such modifications as may be specified in the notification ;...amongst the acts mentioned in the schedule to the relief undertakings act are the industrial disputes act, 1947 and the bombay industrial relations act, 1946 ..... unions representing the employees in the said adjudication proceedings applied that the board should be impleaded as a party to the said proceedings on the ground .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)BomCR339; [2002(92)FLR927]; 2002(2)MhLj448
..... union registered under the trade unions act, 1926 and also recognised as a representative union under the provisions of the bombay industrial relations act, 1946 for the local area ofamravati taluka ..... month of february, 1974, the mill was taken over by the government of india at the instance of the government of maharashtra under section 18fa(2) of the industries (development and regulation) act, 1951 and that the government of maharashtra exercised the powers conferred on it under the bombay relief undertakings (special provisions) act, 1958 and declared by its notification dated 28-1-1975 the mill as 'relief undertaking' and similar notifications were issued from time ..... the union in that regard, the management filed complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 before the industrial court seeking direction that the workers/recognised union should not oppose ..... corporation is a sick company as per the provisions ofsick industrial companies (special provisions) act, 1985 and a reference has already been by the corporation to the board of industrial finance and reconstruction and as per the report of the operating ..... since 1974 till january 1990, the workers sacrificed wages to the extent of 45 per centbecause of illegal application of the bombay relief undertakings (special provisions) act, 1958 in the expectation that the state government would ..... power under section 25o it did follow the proper procedure and consider all .....
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