Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86e procedure before wage boards Page 14 of about 641 results (0.886 seconds)

G. Sreekumar, Kollam Vs. State of Kerala, Rep. by the Chief Secretary ...

Court : Kerala

Reported in : 2012(3)KLJ138

..... the issue involved therein was, whether the notification dated 08.03.1979 issued by the state of maharashtra under the industrial disputes act and the bombay industrial relations act and the amended section 7 of the i.d ..... the petitioner has quite surprisingly approached this court seeking to stall the process of selection, including the interview scheduled on 01.11.2010 contending that the constitution of the selection committee was against the procedure declared by the apex court and that the process itself was bad as the zone of consideration was restricted only to one source, despite the amendment of the statute, denying opportunity to persons belonging to other ..... . the apex court also observed that, once the governor of maharashtra had framed the rules of 2008 in exercise of its constitutional powers and in accordance with the procedure prescribed therein explaining who would be a district judge, what would be the service and its constitution and thereby excluded the judges of the family court from the service consciously, then, it was never permissible ..... . kalyana raman), it was also held therein that, fairness or fair procedure in the administrative action implied that a decision should be taken without being guided by extraneous or irrelevant consideration; also alerting that before interfering with the selection made by a selection committee consisting of experts who are men of high status and also of unquestionable impartiality, the court should be extremely .....

Subhash and Another Vs. Vinod Nivratti Kamble and Others

Court : Mumbai Aurangabad

..... the industrial court u/s 44 were held to be akin to its jurisdiction u/s 85 of the bombay industrial relations act (now maharashtra industrial relations act). ..... of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record of the case is before it. ..... maharashtra (supra), a petition under section 482 of the code of criminal procedure 1873 was filed by the employer upon an order passed by the labour court in pursuance of a complaint under section 48 of the mrtu and pulp act, 1971, in which the workman had alleged that the employer had failed to abide by an order passed by the industrial court ..... arose was with regard to the maintainability of the petition under section 482 of the code of criminal procedure, 1973 and it was held that section 44 of the mrtu and pulp act, 1971 confers only an enabling power upon the industrial court. ..... courts in trials in respect of offences punishable under this act, a labour court shall have all the powers under the code of criminal procedure, 1898, v of 1898, of presidency magistrate in greater bombay and a magistrate of the first class elsewhere, and in the trial of every such offence, shall follow the procedure laid down in chapter xxii of the said code for a summary trial in which an appeal lies; and the rest of the provisions of .....

Gangaram Atmaram Vishwasrao Vs. the National Textile Corporation (Sn) ...

Court : Mumbai

Reported in : 1996(1)BomCR465; (1996)ILLJ1029Bom

..... 60 of 1986 before the industrial court, maharashtra, bombay, under section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as 'the bir act'). ..... to implement award, settlement, agreement or standing orders and hereby committed unfair labour practices within the meaning of item 9 of schedule iv of the mrtu and pulp act 4) whether the complainant is entitled to permanency with retrospective effect as soon as he has completed 240 days of continuous service and the difference of wages and entitled to file the complaint 5) does the complainant prove that the respondents have indulged in lot of force or violence and thereby committed unfair ..... the respondent states that after disposal of the said appeal, the respondent have decided to implement the order dated 15-4-1986 of the hon'ble ninth labour court, bombay and accordingly, the complainant was reinstated in his post of temporary fitter and he was also paid the back wages as per the said order'. 8. ..... it is on account of this reasoning that the industrial court upheld the order of reinstatement of the petitioner in service with continuity and full back wages. 5. ..... 7 of 1981 before the labour court was allowed by the labour court, which directed reinstatement of the petitioner in service with continuity and full back wages. 4. ..... the petitioner sought the relief of reinstatement in service with full back wages. .....

Tata Textile Mills (U.C.) and ors. Vs. Munnlal Nanhoo Yadav and ors.

Court : Mumbai

Reported in : [1990(60)FLR244]; (1994)IIILLJ476Bom

..... it may be mentioned that the standing order was formulated by the industrial court nearly fifty years ago, but before the same was framed, suggestions had been invited from the mill-owners' association, bombay, on an application made under section 38(2) of the bombay industrial relations act, 1946, the mill-owners' association, bombay, had proposed adoption of the following standing orders:-'for clerks : every employee shall retire from service on completion of 55 years of age. ..... year at a time, provided that the total period of extension shall not exceed two years'.that was opposed by the rashtriya mill mazdoor sangh, the representative union and ultimately the modification introduced by the industrial court is as per the present standing order which has been earlier in para 6 of the judgment. ..... petition raises the question of interpretation and application of standing order 20-a of the standing orders for operative which standing order is to be found in chapter xiv at page 172 of the handbook of service conditions of operatives and clerks in the bombay cotton textile industry issued by the mill-owners' association, bombay, in october 1980. ..... 1, challenged the same under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, by filing a complaint of unfair labour practice before the industrial court at bombay. ..... by consent of advocates, the matter is taken on board for hearing. .....

Walwa Taluka Sahakari Sakhar Karkhana Ltd. Vs. H.K. Chavan and ors.

Court : Mumbai

Reported in : (1994)IIILLJ371Bom

..... they were attending hearings of the industrial and labour disputes on behalf of the union at kolhapur, pune and bombay before various authorities and courts and tribunals under the bombay industrial relations act and under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... , whenever the respondents attended courts or other authorities under either the industrial disputes act or the bombay industrial relations act or the m.r.t.u. ..... to this provision of law, not more than two persons who are office-bearers of a representative union and appear in any proceeding under the industrial disputes act or the bombay industrial relations act or the m.r.t.u. ..... now, it is to be noted that the respondents claim travelling allowances under the provisions of section 23 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 which reads as under: 'not more than two members of a recognised union duly authorised by it in writing who appear or act on its behalf in any proceeding under the central act or the bombay act or under this act shall be deemed to be on duty on the days on which such proceedings actually take place, and accordingly, such ..... otherwise absent at their place of work at the factory on account of they attending courts on behalf of the union would not be treated absent from duty and would be treated as if they were on duty at the factory and their wages would be protected as if they were on duty. .....

Raghunath Vishnu Patil Vs. R.N. Gavande and ors.

Court : Mumbai

Reported in : (1994)IILLJ213Bom

..... in the meanwhile, the petitioner, on february 15, 1983 applied to the labour court under section 79 read with section 42(4) of the bombay industrial relations act for reinstatement with full back wages and continuity of service with effect from august 30, 1982 being the date of the order of dismissal. ..... the investigation without taking the explanation of the workman;(b) the workman was examined and cross-examined even before the evidence against him was recorded;(c) copies of the statements of witnesses examined at the preliminary enquiry were not supplied to the workman;(d) copies of the minutes of the inquiry were not given to the workman before asking him to reply to the show-cause notice; and(d) the evidence of das which cleared the workman ..... the assault in question mounted by the petitioner on the bus conductor was because the said conductor was carrying on or performing his duties despite the call for maharashtra bandh which bandh was supported by the union to which the petitioner was affiliated. ..... when the bus reached near handloom house, conductor of the bus approached a group of passengers who had boarded from museum and asked for tickets. ..... in order to sustain a complaint of violation of principles of natural justice on the ground of absence of opportunity of cross-examination, it has to be established that prejudice has been caused to the appellant by the procedure followed. .....

Sardar Surjeetsingh and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(6)ALLMR382; 2006(2)BomCR704; 2006(1)MhLj538

..... . in karbhari's case (supra), the apex court has held that a member of the wage board of sugar industry constituted by the maharashtra government under section 86b of the bombay industrial relations act, 1946, satisfies all the tests laid down in shivmurthy's case for determining whether a person holds an office but he cannot be said to be a holder of an office of profit within the meaning of the said expression under ..... of either house of parliament - (a) if he holds any office of profit under the government of india or the government of any state, other than an office declared by parliament by law not to disqualify its holder;' similarly, article 191 which relates to the subject of disqualification of member of the legislative assembly or legislative council of a state, clause (1) thereof provides that 'a person shall be disqualified for being chosen as and for being a member of the legislative assembly, or legislative council ..... of the preliminary objection provides that no civil proceedings in which relief is claimed against the governor of a state shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as governor of such state, until the expiration of two months next after notice in writing has been delivered to the governor or left at his office ..... being so, applying the rules of procedure, the respondents are not entitled to raise any .....

Delhi Cloth and General Mills Co., Ltd. Vs. Workmen and ors. Etc.

Court : Supreme Court of India

Reported in : AIR1970SC919; [1970(20)FLR176]; 1970LabIC787; (1969)IILLJ755SC; [1969]2SCR307

..... millowners' association bombay, [1967] 1 c r 561 a scheme was framed by the industrial court, exercising power under the bombay industrial relations act 11 of 1947, in which the quantum of gratuity was related to the basic wages alone. ..... the parliament enacted the industrial employment (standing orders) act, 1946, which by section 15 has authorised the appropriate government to make rules to carry out the purposes of the act and in respect of additional matters to be included in the schedule. ..... cases cited any detailed examination of what type of misconduct would or would not involve to the employer loss capable of being compensated in terms of money was made : it was broadly stated in the cases which have come before this court that notwithstanding dismissal for misconduct a workman will be entitled to gratuity after deducting the loss occasioned to the employer. ..... in the report of the central wage board for the cotton textile industry, 1959, in paragraph-110 gratuity was directed to be given on the basis of wages plus the increases given under paragraph-106, but excluding the dearness allowance.39. ..... these are--the textile units, bhavnagar (gujarat) ; shahu chhatrapati mills, kolhapur (maharashtra); jivajirao cotton mills, gwalior (madhya pradesh); madhya pradesh mill-owners' association, (indore), bombay, ahmedabad (gujarat); new sherrock spg. ..... nadiad (gujarat); raja bahadur motilal mills, poona (maharashtra); shree gajanan. ..... mills, sangli (maharashtra); t.i.t. .....

Prakash Cotton Mills Pvt. Ltd. Vs. Rashtriya Mills Mazdoor Sangh

Court : Supreme Court of India

Reported in : AIR1986SC1514; JT1986(1)SC18; (1987)ILLJ97SC; 1986(2)SCALE118; (1986)3SCC588; [1986]3SCR419

..... business of manufacture of cotton textile goods and comes within the purview of the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as the 'act'). ..... appellant was liable to pay closure compensation to the employees affected at the rate of 50% of the total basic wages and dearness allowance on the ground that such closure amounted to lay off within the meaning of section 2(kkk) of the industrial disputes act, 1947, and that compensation at the same rate as prescribed by section 25c of the industrial disputes act, namely 50% of the total wages would be payable to the employees affected by the said closure.6. ..... in lieu of notice.in the event of a stoppage of any machine or department under this order during working hours, the operatives affected shall be notified by notices put upon notice boards in the department concerned and at the timekeeper's office, as soon as practicable, when work will be resumed and whether they are to remain or leave the mill. ..... demand was not accepted by the appellant, the respondent filed an application before the first labour court, bombay, under section 79 read with section 78 of the act and prayed for the payment of full closure compensation to the employees affected ..... , against the order dated september 27, 1972 of the industrial court, maharashtra, bombay directing payment of compensation by the appellant to its employees and to some badli workmen for the period from march 24, 1964 to june 10, 1964 (both days inclusive) .....

Steel Authority of India Ltd. and ors. Etc. Etc. Vs. National Union Wa ...

Court : Supreme Court of India

Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349

..... in the maharashtra sugar mills's case (supra), the question that fell for consideration of this court was whether the contract labour was covered by the definition of 'employee' under the bombay industrial relations act, 1946 and, therefore, ..... establishment' in section 10, the position that emerges is that before issuing notification under sub-section (1) an appropriate government is required to: (i) consult the central board / state board; (ii) consider the conditions of work and benefits provided for the contract labour and (iii) take note of the factors such as mentioned in clauses (a) to (d) of sub- section (2) of section 10, referred to above, with reference to any office or department of the government or local authority or any place where any industry, trade, ..... contract, are also applicable to a contract of industrial employment but relationship but relationship so created is partly contractual and partly non-contractual as the state have already, legislation, prescribed positive obligations for the employer to wards his workmen, as for example, terms conditions and obligations prescribed by the payment of wages act, 1936; industrial employment (standing orders) act, 1946; minimum wages act, 1948; payment of bonus act, 1965; payment of gratuity act, 1972 etc. ..... and submitted that the award proceedings stipulated in gujarat electricity's case (supra) was cumbersome procedure making the remedy 'a teasing illusion', therefore, automatic absorption alone was the proper solution. .....