Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86e procedure before wage boards Page 13 of about 641 results (0.132 seconds)

Hindustan Coca Cola Bottling S/W Pvt. Ltd. and anr. Vs. Bhartiya Kamga ...

Court : Mumbai

Reported in : 2002(3)BomCR129; (2002)1BOMLR123; [2002(92)FLR160]; 2002(1)MhLj559; 2001IIICLR1025

..... the industrial tribunal under the act can examine the complaints made thereunder, the whole provision would be rendered otiose and in each of those cases provisions of the bombay industrial relations act, 1946 or the industrial disputes act will have to be invoked, we are afraid that this argument cannot be sustained for the fact that even in respect of claims arising under section 33-c(2) appropriate dispute can be raised in terms of section 10 of the industrial disputes act and ..... alleged that the appellant company denied the relationship of employer and employee but that such denial of relationship was only to deprive the workmen of permanency in the company and payment of wages as are applicable to the permanent workmen of the company, the company, apart from denying that it is guilty of unfair labour practices, contended that the employees in question were not ..... and calico printing co (supra) would not mean that the employees had to establish the relationship in some other proceedings before the complaint is filed or that if the complaint is filed, the moment the employer repudiates or denies the relationship of employer ..... items 5, 6, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as the 'mrtu & pulp act'. ..... beyond the scope of the provisions of the act and did not correctly understand the decisions of this court in gujarat electricity board, thermal power station, ukai, gujarat v .....

Omkar Sitaram Rane Vs. Maharashtra State Khadi and Village Industries ...

Court : Mumbai

Reported in : [2003(97)FLR492]; (2003)ILLJ929Bom; 2003(1)MhLj643

..... clauses (xv) and (xvi) of standing orders number 11, settled under section 35(2) of bombay industrial relations act, 1946, provides for misconduct and for major punishment of termination of service. ..... ashok vishnu kate reported in : (1996)illj899sc the apex court has noted the provisions of the industrial disputes act, 1947, the provisions of the bombay industrial relations act and the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... other provisions of the industrial disputes act and the bombay industrial relations act were also noted and the lacuna was indicated in both the acts which did not provide for provisions for reference of unfair labour practice which has been provided for in the maharashtra act. ..... the said procedure, is now the settled law and it will have to be made applicable to a complaint before the labour court/tribunal under act of 1971. ..... he stopped the bus atsome distance and told the passengers who intended to board that busthat each one of them should pay rs. ..... 2 and if they boarded the buswithout making the said payment, he threatened, he would take the bus to the office of r.t.o. .....

Chhotobhai Jethabhai Patel and Co. Vs. the Industrial Court, Maharasht ...

Court : Supreme Court of India

Reported in : AIR1972SC1268; 1972LabIC444; (1972)ILLJ657SC; (1972)2SCC46; [1972]3SCR731

..... section 2 of that act the bombay industrial relations act of 1946 as in force immediately before the commencement of the 1965 act in the bombay area of the state of maharashtra ..... jurisdiction under section 78(1) of the bombay industrial relations act in a case where the employee of an industry governed by the act had not complied with the provisions of section 42(4) of the said statute read with the proviso to the said sub-section the bombay high court has held that it was not necessary for an employee first to approach the employer or to follow the procedure laid down in section 42(4) including the proviso before he could ..... any dispute or difference between an employer and employee or between employers and employees or between employees and employees and which is connected with any industrial matter;(18) 'industrial matter' means any matter relating to employment, work, wages, hours of work, privileges, rights or duties of employers or employees, or the mode, terms and conditions of employment, and includes-(a) all matters pertaining to the relationship between employers ..... case may be, and ending on the date on which the labour court orders his reinstatement or on the date of his reinstatement, whichever is later, or(b) to pay to the employee in addition to wages (being wages for the period commencing on the date of his dismissal, discharge, removal, retrenchment or termination of service and ending on the date on which the labour court orders such payment), such sum not exceeding .....

Maharashtra Electrosmelt Kamgar Union Vs. Deputy Director (IR), Minist ...

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. .....

The State of Bombay Vs. the Maharashtra Sugar Mills Ltd.

Court : Mumbai

Reported in : AIR1951Bom68; (1951)53BOMLR263; (1951)ILLJ137Bom

..... this dispute was referred under section 73, bombay industrial relations act, 1946. ..... of bombay referred an industrial dispute that had arisen between the maharashtra sugar mills, ltd. ..... the contention is that this labour was employed through the instrumentality of contractors & therefore, this labour fell within the meaning of section 3(13)(a), & the company was its employer within the meaning of section 8(14)(e), & it is from the point of view of this contention that we have to consider whether the finding of the industrial court was right or erroneous as held by the learned judge below. ..... now, turning to the definition, 'employee' is defined in section 3(13) & (13) (a) as 'any person employed to do any skilled or unskilled manual or clerical work for hire or reward in any industry, & includes 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) ..... 'industrial dispute' is defined by section 8(17) as meaning 'any dispute or difference between an employer & employee or between employers & employees or between employees & employees & which is connected with any industrial matter', & 'industrial matter' is defined by section 8(18) ..... in this case there is no suggestion by the state of bombay that the maharashtra sugar mills, ltd. ..... 1 before us, & its employees in respect of payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal & contract labour. .....

Sadanand Patamkar Vs. New Prabhat Silk Mills

Court : Mumbai

Reported in : (1974)76BOMLR437; (1974)IILLJ52Bom; 1974MhLJ761

..... 42(4) of the bombay industrial relations act, 1946 (hereinafter referred to as the said act,) and the said approach being of no avail, he filed an application before the labour court, being application ..... 78(1)d(a) of the bombay industrial relations act, 1946 which gave power to the labour court to direct payment of wages for the entire period of dismissal, and had not provided for deduction of income earned elsewhere, it would be entirely inequitable to order the employer to pay back wages for a period during which an employee was employed and earning wages in some other employment although the employer may have initially wrongly terminated his ..... the industrial court, maharashtra, nagpur bench, nagpur and others, ..... (1970)illj228sc , the supreme court referred to the circumstances on record that in accordance with the practice adopted at the instance of the government and in pursuance of the directions of the board of directors of the company to that effect, antecedents of all workmen were verified by calling for reports from the police. ..... the court then laid down the procedure to be followed by the industrial adjudicator, and by the high court while exercising its writ jurisdiction in such matters, in paragraph 14, as follows : 'it is true some of the decisions of this court have laid down that where the discharge or dismissal of a workman is ..... athalye, maharashtra and others : (1966)illj582bom the industrial tribunal had awarded compensation in lieu of reinstatement, to a dismissed .....

Gajanan S/O Shamrao Thakre Vs. Maharashtra State Road Transport Corpor ...

Court : Mumbai

Reported in : (2001)IIILLJ704Bom

..... 1354 under section 85 of: the bombay industrial relations act, 1946, the division bench of this court has observed, as under:'8. ..... now the scope of the power of superintendence has been well settled and in view of the language of section 85 of the bombay act it will be only reasonable to hold that the industrial court possesses powers to interfere with the orders of the labour courts, provided any errors apparent on the face of the record are evident from any orders passed by such labour courts and not in findings of ..... the respondent corporation carried the decision of the labour court before the industrial court, maharashtra at aurangabad by filing a revision application under section 44 of the m.r.t.u. ..... though shri reddy has fairly offered to be satisfied with fifty per cent back wages i am not inclined to grant even that relief to the petitioner as i am granting him the valuable relief of reinstatement with continuity in service in the peculiar facts and circumstances of this case and in the interest of justice. ..... had the labour court followed this procedure it would have been even in the interest of the petitioner delinquent employee, as he also would have got the opportunity of cross-examining the corporation witness shri rathod and the corporation could have also produced ..... 0.90 paise at the time of boarding towards the fare, but had not issued tickets to him. .....

Shivdhari Kalu Singh Vs. Ruby Mills Ltd.

Court : Mumbai

Reported in : (2009)IILLJ570Bom

..... the appellant filed an application under sections 78 and 79 read with section 42(4) of the bombay industrial relations act, 1946 before the labour court, bombay in the matter of illegal termination of service praying for a direction to the respondents to reinstate him with continuity in service with full back wages. ..... is the case of the respondents that the appellant is covered under the provisions of the bombay industrial relations act, 1946 and standing orders in relation to the employees employed in the employer-mill are settled by the industrial court under section 36 of the bombay industrial relations act, 1946 and as such the certified standing orders are applicable to the employer-mill. ..... submitted that in the present circumstances he preferred a letter dated june 30, 1999 as required under the provisions of section 42(4) of the bombay industrial relations act, 1946 read with rule 53 of the bombay industrial relation rules, 1947. ..... aggrieved by the said oral judgment dated october 31, 2006 passed by the president, industrial court, maharashtra mumbai the appellant preferred writ petition no. ..... 2007 by a single judge arising from judgment dated october 31, 2006 passed by the president, industrial court, maharashtra mumbai in appeal (ic) no. ..... 2004 in industrial court of maharashtra at mumbai ..... said appeal came to be dismissed by oral judgment dated october 31, 2006 by the president, industrial court, maharashtra mumbai relying on the apex court judgment in prakash cotton mills pvt. .....

Bpl Ltd. Vs. Inter Modal Transport Technology Systems (Karnataka) Ltd.

Court : Karnataka

Reported in : [2001]43CLA228(Kar); ILR2001KAR5373

..... , that the board (bifr) may direct the sick industrial company not to dispose of, except with the consent of the board, any of its assets, during the period beginning with the recording of opinion by the bifr, for winding up of the company under section 20(1) and upto the commencement of the proceedings relating to the winding up before the concerned high court.17.3 section 32 of the sica, inter alia, provides that the provisions of that act shall have effect ..... sale by the secured creditor, during the pendency of winding up petition, without obtaining the permission of the company court and without associating the official liquidator will be void, vide decision of the bombay high court in maharashtra state financial corpn. ..... bifr has approved the sale, the question of company court re-examining the correctness of price or the procedure adopted for sale, or holding the sale to be invalid or ordering resale does not arise. ..... liquidator shall secure appropriate directions from the company court for fresh sale and comply with the procedure prescribed and complete the sale within two months. ..... 7 of 1998 contended that there were several procedural irregularities in the sale in favour of bpl resulting in realisation of a lesser price; and the learned company judge instead of setting aside the sale on that ground also, has wrongly held that the ..... 7 of 1998 contending that the procedure adopted by ksiidc inholding the sale in irregular and that has resulted in a sale at a price farless .....

Muljibhai Bhurabhai Vs. Upendra Vyas-manager

Court : Gujarat

Reported in : [2001(88)FLR112]; (2000)3GLR2339; (2001)ILLJ409Guj

..... considering the provisions of sections 77 and 78 of the bombay industrial relations act, 1946, the apex court in the case of state of maharashtra v. ..... in the said case, the registrar was enjoying the same powers as are given to ordinary civil boards 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, to review his own order and even exercise the inherent jurisdiction of courts ..... state of gujarat, 1998(2) glh 970 has held that the labour court judges form part of judicial service and, therefore, it is the constitutional duty on the part of the governor to consult the high court before such appointment is made and, therefore, consultation for such appointment is a sine quo non. ..... the ordinary course of law has no power to grant reinstatement with or without back wages; that power is special and peculiar to the labour court. ..... 43 of 1995, in his favour, he is neither reinstated nor paid back wages and, therefore, the respondents be held guilty of having committed wilful contempt of the court and to punish the respondents as per the provisions of contempt of courts act. 2. .....