Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86e procedure before wage boards Page 12 of about 641 results (0.177 seconds)

Vinod Rao Vs. Presiding Officer 1st Labour Court and ors.

Court : Gujarat

Reported in : (1979)2GLR262

..... ' it was contended in that case that an industrial dispute arises only when an employee who is dis-satisfied by an action on the part of the employee approaches the employer in the manner laid down in the proviso to section 42(4) of the bombay industrial relations act and that since the employee had made no approach to the employer at bombay, no industrial dispute had arisen at bombay. ..... it was an application made under the bombay industrial relations act, 1947 and not under the industrial disputes act, 1947. ..... the detailed facts which weighed with the high court in coming to its conclusion were as follows: the salesman whose services were terminated had undoubtedly been residing in madhya pradesh but the reference must be in relation to the place of the existence of the industry, the employer company had not been carrying on business any where in the state of madhya pradesh on the date of reference. ..... it was contended on behalf of the employer before the labour court that gujarat labour court has no jurisdiction to entertain the reference. ..... where the employees of a company worked at jullundar but the final administrative control on them was exercised and appointments and dismissals were made by the head office of the company at calcutta which also paid their wages, a cause of action for an industrial dispute did not arise at jullundur and therefore the state of panjab was not the 'appropriate government' to make reference under section 10 of the act. .....

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... by the maharashtra act 47 of 1977, section 9 of the bombay industrial relations act was amended by substituting a new sub-section (2), which replaced the original sub-section (2) of section 9. ..... clause (1) may- (a) provide for the establishment of a hierarchy of tribunals; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of all courts except the jurisdiction of the supreme court under article 136, with respect to all or any of the matters ..... . besides the aforesaid provisions, it was contended, that chartered accountants were entitled to appear before various tribunals/fora under different statutory provisions, such as, under the securities and exchange board of india act, 1992, the securities contracts (regulation) act, 1956, the telecom regulatory authority of india act, 1991, the companies act, 2013, the company law board regulations, 1991, the competition (amendment) act, 2007, and the special economic zone rules, 2006 ..... in addition to the above conclusions, it was also held, that the joint effect of the ceylon constitution order in council 1946, and the ceylon independence act, 1947, was intended to, and resulted in, giving the ceylon parliament, full legislative powers of an independent sovereign state. .....

Shetkari Sahakari Sakhar Karkhana Ltd. Vs. S.B. Shete, Presiding Offic ...

Court : Mumbai

Reported in : (1998)IILLJ477Bom

..... the government labour officer and the 5 elected representatives of the employees gave a notice of change dated january 5, 1979 under section 42(2) of the bombay industrial relations act, 1946, demanding permanency of employees, wage scales for permanent and temporary employees, implementation of the recommendations of the second central wage board and implementation of the patil committee recommendations. ..... however, after accepting the same an appeal is made to the management and representatives of the union in the sugar industry that they should take steps to enter into agreements incorporating the decision given by the chairman of the committee and accepted by the state government after following the procedure laid down under the bombay industrial relations act, 1946, to which the sugar industry in the state of maharashtra is amenable. ..... 2 to 297 had filed applications under section 33-c(2) of the industrial disputes act, 1947 on august 10, 1977 before the first respondent labour court, solapur. ..... it was argued before the labour court that the wage settlements are covered under schedule ii of the bombay industrial relations act. ..... however, it was argued before the labour court that since the deputy registrar becomes the ultimate head of the co-operative society, thus he is the head of the petitioner karkhana also ..... the petitioner appeared before the labour court and contested the claim put forward by the ..... are based on total misreading of the documents produced before the court. .....

Manager, Vidarbha Tobacco Product (P) Ltd. Vs. Fulwantabai Ishwardas M ...

Court : Mumbai

Reported in : 1995(4)BomCR565; (1996)ILLJ101Bom

..... should possess practical experience as a labour officer or welfare officer in a responsible position in an industrial undertaking or commercial concern, local authority or in a government department corporation or board established by the government for a period of not less than three years or they have been promoted on the basis of seniority-cum-merit from amongst the persons appointed to the post of government labour officer assistant registrar of unions under the bombay industrial relations act, 1946, special officer (o & m) or statistical officer under the commissioner, having a ..... appellate powers under section 31(2)(a) of the act upon the labour courts constituted under the industrial disputes act, 1947, but this rule has been substituted by the maharashtra beedi and cigar workers (conditions of employment) amendment rules, 1977 effective from 1.1.1977 whereby the jurisdiction to hear appeals under section 31(2)(a) of the beedi workers act has been conferred upon the assistant commissioners of labour and since the procedure to be followed by the appellate authority is the procedure of judicial enquiry and ..... on the basis of these facts, the worker prayed before the assistant commissioner of labour that she should be reinstated with back wages from the date of her termination. .....

Ashok Vishnu Kate and ors. Vs. M.R. Bhope and anr.

Court : Mumbai

Reported in : 1992(3)BomCR352; (1992)94BOMLR185; (1993)IIILLJ304Bom

..... committee noticed that in india the system of designating a representative union as a sole bargaining agent has not been legally accepted, existing in some state legislations, notably the bombay industrial relations act. ..... section 28 sets out the procedure for dealing with the complaints relating to unfair labour practices and sub-section (1) inter alia provides that where any person has engaged in or is engaging in any unfair labour practice, then any union or any employee or any employer may file a complaint before the court competent to deal with such complaint, section 5 of the act prescribes that the industrial court shall decide the complaints relating to unfair labour practices except the practices falling in ..... there was no effective legislation providing for recognition of representative trade unions as exclusive bargaining agent except the bombay industrial relations act, 1946, which applied only to a few industries. ..... the question which falls for determination in this appeal is whether the labour court can entertain complaint of an employee under item 1 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to 'as the act') before the employer had discharged or dismissed the employee. ..... committee noticed that the concept of unfair labour practice arose after a long drawn out struggle waged by the trade unions in the west for establishing and establishing the practice of collective bargaining. .....

R.A. Yadav and ors. Vs. Special Steels Ltd. and anr.

Court : Mumbai

Reported in : 2003(3)BomCR96; [2003(97)FLR542]

..... bench was dealing with the powers of superintendence over labour court by the industrial court under section 85 of the bombay industrial relations act, 1947 wherein the division bench has clearly held that said jurisdiction can be exercised only when there are errors apparent on the face of the record but the industrial court cannot interfere with the findings of facts recorded by the labour court. ..... having heard both the learned counsel at length and considering the material on record and also various judgments cited before me, as far as with regard to the scope of the industrial court under section 44 of the act, 1971 is concerned, law is very clear that the scope of revision under section 44 is very limited in the sense that the industrial court can intervene only if there is an error apparent on the face of the record or that the ..... counsel for the petitioner is that the evidence on record before the labour court is clear and therefore the labour court had rightly come to a conclusion that the petitioners are workman within the meaning of section 2(s) of the act, 1947 and employee within the meaning of section 3(5) of the act, 1971. 13. ..... bombay iron & steel labour board and another, : (2001)iillj1520sc , which judgment actually deals with the inspector appointed under the maharashtra ..... the learned counsel for the petitioner also brought to my notice the record as filed before the labour court especially the settlement dated 16-8-1984 wherein at page 24, there is a mention of .....

The Silk and Art Silk Mills' Association Ltd. Vs. Mill Mazdoor Sabha

Court : Supreme Court of India

Reported in : AIR1972SC2273; [1973(26)FLR101]; (1972)IILLJ175SC; (1972)2SCC253; [1973]1SCR277; 1973(5)LC110(SC)

..... for the purpose of bombay industrial relation act, 1946, the association was recognised under section 27 read with section 3(23) of that act as the association of employers in silk and art silk textile industry within the local area of greater bombay. ..... as regards the financial capacity of 2, units in spite of the clear direction of the court, and so, the court, on the basis of the materials placed before it by the other units, came to the conclusion that the art and art-silk industry has prospered and has established itself, that the prospect of the industry was bright and that the financial position of the 28 units which produced their balance sheets and profit and loss accounts ..... he argued that so far as the 28 mills which had produced their balance sheets and profits and loss accounts, there should have been an appreciation of the materials placed before the court on their merit and no adverse inference should have been drawn against them because the other units did not place any relevant materials as regards their financial capacity. ..... 131, 138, 139 and 155 of 1961, and published in the maharashtra government gazette dated june 14, 1962, by directing with retrospective effect from january 1, 1971, that the employees in silk and art silk industry who were concerned in the dispute shall be granted dearness allowance at the rate of 99 per cent neutralization of the rise in the bombay consumer price index 106 (old series) on the basis of the minimum wage of rs. .....

Shridhar Mahadeo Dhamorikar Vs. State of Maharashtra

Court : Mumbai

Reported in : (1969)71BOMLR433; (1969)IILLJ499Bom; 1969MhLJ103

..... 4 of the bombay industrial relations act, 1946, and the definition of 'commissioner of labour' in clause ..... bombay industrial relations act, 1946. ..... 4 of the bombay industrial relations act which provides for the appointments of a ..... the bombay industrial relations act. ..... bombay industrial relations act. ..... to require them to retire on grounds of misconduct, insolvency or inefficiency,' and the scope of this power is stated as 'in respect of government servants of class iii and iv services only and full power subject to the condition that before any such order is issued the procedure prescribed in bombay civil services (conduct, discipline and appeal) rules is followed.'13. ..... not be a person who would have the power to remove the accused from his office having regard to the fact that he was subordinate in rank to the authority, or the corresponding authority, in the state of bombay and now in the state of maharashtra, which appointed him, he was not the competent authority for sanctioning the prosecution of the appellant. 5. ..... have no difficulty in accepting the argument advanced by the learned counsel for the state to a limited extent that for the purposes of the act a person who is not a commissioner of labour can perform the same functions as those of a commissioner of labour by virtue of the ..... latter part refers to sub-section (2) of s. 4. 11. ..... clearly in two parts, the first part refers to sub-section (1) of s. ..... section 4 reads as ..... indian penal code, or under sub-section (2) or (3a) of s. .....

The Maharashtra Sugar Mills, Ltd. Vs. the Industrial Court and ors.

Court : Mumbai

Reported in : (1950)0LLJ1235Bom

..... 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 means;now, therefore, in exercise of the powers conferred by section 73 of the bombay industrial relations act, 1946 (bom ..... out the facts hereinbefore stated contended that the persons constituting the so-called contract labour were not in fact employed by the company nor were they employees of the company within the definition contained in section 3(13)(a) of the bombay industrial relations act, 1946, or otherwise. ..... before i deal with the various contentions which have been urged before me, i will refer to the various provisions of the bombay industrial relations act, 1946, which would fall to be considered by me. ..... it cannot be said that when this procedure is evolved by the government, it can only work with reference to the disputes which may arise not only in the future but in regard to the future relations of the employers and the employees. .....

Maharashtra Girni Kamgar Union Vs. S. Bhattacharji and Others

Court : Mumbai

Reported in : [1984(49)FLR17]; (1984)IILLJ111Bom

..... the government of maharashtra enacted the bombay industrial relation act, 1946 to regulate the relations of employers and employees, and to make provision for settlement of industrial disputes and to provide for certain other purposes. ..... maharashtra girni kamgar union (hereinafter referred to as the 'union') preferred an application dated 24th march, 1982 before the registrar appointed under the act, challenging the status of the sangh as the representative union for cotton textile industry. ..... period of three months :provided that the registration of union shall not be cancelled under the provisions of this sub-clause unless its membership for the calendar month in which show cause notice under this section was issued was less than such minimum.section 123 of the act enables the state government to make rules and in exercise of that power, the government has framed rules known as 'the bombay industrial relations rules, 1947'. ..... before adverting to the relevant provisions of the act, it is necessary to mention that the finding recorded by the two authorities below that the total strength of the employees in the cotton textile industry was 2,25,000 was not disputed at the hearing of these petitions. ..... the appeal carried before the industrial court ended in dismissal and that gave rise to the writ petition ..... the finding of the additional registrar was not seriously assailed by the union before the industrial court and accordingly, the industrial court found that the finding was in order. .....