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Rashtriya Mill Mazdoor Sangh Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR1996SC2797; JT1996(7)SC630; (1997)IILLJ720SC; 1996(6)SCALE303; (1996)5SCC542; [1996]Supp5SCR458

..... it was urged that this provision prescribes a procedure different from the provision for retrenchment under the bombay industrial relations act which is the general law applicable in the state of maharashtra for the retrenchment of workmen; and since it results in unemployment of the employees not continued in service as a result of this exercise of restructure of the units, it violates ..... needs of the economy of the country and for matters connected therewith or incidental thereto.whereas, the central india spinning, weaving and manufacturing company limited, being an existing company as defined a clause (ii) of sub-section (1) of section 3 of the companies act, 1956, had been engaged in the manufacture and production of yarn, cloth and paper through its undertaking which was composite textile mill and paper manufacturing unit, styled as the central india spinning ..... as its earlier application for closure of the unit was rejected by the government under section 25-0 of the industrial disputes act, 1947 on the ground that its operations are viable, the company and its creditors took recourse to voluntary and compulsory winding up of ..... by special leave is against the judgment of the bombay high court dismissing a writ petition filed by the appellant to challenge the validity of sections 9(2), 10(2), 12(1), and 26 of the central india spinning, weaving and manufacturing company limited, the empress mills, nagpur (acquisition and transfer of undertaking) act, 1986 (maharashtra act no. .....

Bharatiya Kamgar Sena Vs. Otis Elevator Employees Union and Others

Court : Mumbai

..... relevant provisions of the mrtu and pulp act are as under: "section 3 - definitions in this act, unless the context requires otherwise,- (1) "bombay act" means the bombay industrial relations act, 1946, (bom xi of 1947); (2) "central act" means the industrial disputes act, 1947, ( xiv of 1947); (3) "concern" means any premises including the precincts thereof where any industry to which the central act applies is carried on ; ... ..... the petitioner has challenged an order of the industrial court declaring the first respondent-union as the recognized union under section 11 of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter referred to as "the act") in respect of the second respondent's undertaking ..... the said undertaking had full and complete control over the said members / employees inasmuch as their activities, work, wages, allowances, bonus, ex-gratia, leave, work norms and all other service conditions were directed and controlled by and from ..... the employer whose employees union has applied for recognition shall display on the notice board at a conspicuous place on the premises of the undertaking all notices in the proceedings together with the copies of the application, as may be ..... before we part with this point, we would like to add that industrial adjudication appears consistently to have taken the view that malis looking after the gardens attached to the bungalows occupied by officers of any industrial concern are .....

Rashtriya Maharashtra Elektrosmelt Kamgar Sangh Vs. K.B. Satpute, Assi ...

Court : Mumbai

Reported in : (1984)IILLJ781Bom; 1984MhLJ592

..... rashtriya maharashtra elektrosmelt kamgar sangh, which is registered as a representative union under the provisions of the bombay industrial relations act, 1946, sought to challenge the order dated 30th august, 1982 passed by respondent no ..... date of commencement of lay off is mentioned in the application or the management must start giving the lay off from the date mentioned in the application or if no date is mentioned or the date mentioned has already expired before permission is granted or is deemed to have been granted, then the lay off must be given from the date of the order granting the permission. ..... it is thus clear from the scheme of the section itself that an application for permission to lay off must be filed at least two months before the date from which the workmen are proposed to be laid off ..... whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent of the total of the basic wages and clearness allowance that would have ..... jobs are now over and it is not possible for us to provide any alternative work to these employees and continue giving full wages and fringe benefits. ..... output was of much less and we were required to pay full wages to them. .....

M/S. Oswal Agro Mills Ltd. and Others Vs. M/S. Oswal Petrochemicals Em ...

Court : Mumbai

Reported in : 1999(3)ALLMR400; 1999(3)BomCR478; (1999)2BOMLR306; [1999(82)FLR310]; 1999(2)MhLj449

..... the second one is the bombay industrial relations act, which is a state act and the third one is the aforesaid m.r.t.u. & p.u.l.p. ..... matters of industrial relations have direct bearing on the well being of the company and its employees as also on the over all economy of the country and the society at large. ..... therefore the following order is passed :the operation of the order is stayed for three weeks on condition that within one week from today, one month's wages shall be paid to the workers who are affected by the lock out notice.the payment made shall be adjusted against the dues if any found to the end of the trial by the court below.issuance of certified ..... the second contention is that when it is a matter of lock out and the complaint being under the provisions of maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, hereinafter referred to as m.r.t.u. 8s p.u.l.p. ..... the complaint as filed and the matter as argued on behalf of the union by the learned counsel shri colin gonsalves for the respondent is clearly on the basis that the case sought to be made before the trial court is not under the said item no. ..... the learned counsel appearing for the petitioner also referred to section 25 of the said act and thereafter he drew my attention to item no. ..... cocsi ydevas wam board 1995 xi l.l.j. .....

National Textile Corporation, (South Maharashtra) Ltd. Vs. P. Gama (Mr ...

Court : Mumbai

Reported in : 1994(4)BomCR613; [1995(70)FLR567]

..... 149 of 1989 setting aside the order of the labour court under section 78 read with section 42(4) of the bombay industrial relations act, 1946 and holding hat the respondent no. ..... she made an application to the labour court under section 78 read with section 42(4) of the bombay industrial relations act, 1946 (the act). ..... section 78 of the bombay industrial relations act (the act) which deals with the powers of the labour court is in the following terms. '78. ..... in that view of the matter, i do not propose to go into the controversy whether the provisions of the limitation act will be applicable to an application under section 78 read with rule 53 of the bombay industrial relations rules. ..... rules 53 of the bombay industrial relations rules, 1947, so far as relevant, reads as under : '53. ..... in clause b, under clause c require any employer to withdraw any change or to carry out any change which is a matter in issue in any proceeding before it and under clause d require an employer where it finds that the order of dismissal, discharge, removal, retrenchment, termination of service or suspension of an employee made by the employer was covered by any of the sub-clauses thereof to reinstate the employee forthwith or to pay to the employee in addition to wages compensation in regard to the loss of employment etc. ..... the petitioner is aggrieved by the judgment and order of the industrial court, maharashtra dated 11th july 1990 in appeal i.c. no. .....

Karbhari Bhimaji Rohamare Vs. Shanker Rao Genuji Kolhe and ors.

Court : Supreme Court of India

Reported in : AIR1975SC575; (1975)1SCC252; [1975]2SCR753

..... candidate had committed several corrupt practices, the other that the election, was liable to be set aside because he was disqualified for election as he was holding an office of profit under the state government as a member of the wage board for the sugar industry constituted by the government of maharashtra under section 86b of the bombay industrial relations act, 1946. ..... under section 86c the state government may make reference to the wage boards for decision of any industrial matter of industrial dispute. ..... under section 86g the order or decision of the wage board is made appealable to the industrial court. ..... section 86j confers certain powers of superintendence on the industrial court over all wage boards.4. ..... be forgotten that if for the purpose of his lunch a member was expected to return to his hotel from the place where the meeting was held, the will have to incur double the taxi fare, both before and after the lunch, and if he does not return back to the hotel he has to arrange for the lunch at a place in the vicinity of the office where the board meetings are held and pay for it. ..... the only question argued before this court was the 2nd one.2. ..... it was urged before this court that the payment' of travelling allowance and daily allowance was in addition to the payment of the consolidated monthly allowance and the payment of two sets of allowances must necessarily result in profit to the payee. .....

Hindustan Hosiery Industries Vs. F.H. Lala and anr.

Court : Supreme Court of India

Reported in : AIR1974SC526; [1974(28)FLR213]; (1974)ILLJ340SC; (1974)4SCC316; [1974]3SCR302; 1974(1)SLJ258(SC)

..... there was a reference by the mill mazdoor sabha, bombay (briefly the sabha) under section 73a of the bombay industrial relations act, 1946, in pursuance of a notice of change dated 22nd ..... or similar class of workers, for example, the contribution of the worker to the job, the nature of the work, the part placed by the machine, the incentive to work and above all protection against any creation of industrial unrest because of the existence side by side of two categories of workers, particularly if there is no possibility of transfer of labour from one type of work to the other from time to time, again there may be some ..... 957 quoted in : (1972)illj244sc as follows:sometimes the minimum wage is described as a bare minimum wage in order to distinguish it from the wage structure which is 'subsistence plus' or fair wage, but too much emphasis on the adjective 'bare' in relation to the minimum wage is apt to lead to the erroneous assumption that the maintenance wage is a wage which enables the worker to cover his bare physical needs and keep ..... with the maharashtra state directorate of industries as a small scale industry. ..... appeal by special leave is directed against an award of the industrial court, maharashtra (hereinafter referred to for brevity as the tribunal) of 29th ..... the rival contentions of the parties before the tribunal, it was required to consider whether it was a case of bare minimum wage or some thing higher than ..... , 1967, published in the maharashtra gazette of 11th may, 1967 .....

Dayandeo Dattatraya Kale and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1995(3)BomCR86; (1995)IILLJ597Bom; 1995(2)MhLj930

..... is governed by the standing order under the bombay industrial relations act, 1946. ..... patabhiram bhat and others held that : 'a co-operative society registered under the provisions of the maharashtra co-operative societies act, 1960 and under section 103(1) of the multi state co-operative societies act, 1984 which carries on the business of banking and is, therefore, governed by the banking regulation act, 1949 does not fall within the expression 'state' under article 12 of the constitution of ..... the employees may allege violation of section 9a of the above act before the competent tribunal but not in writ jurisdiction ..... have contended that a comprehensive selection procedure should be devised in the co-operative sector and that the selection board should be on the lines with the subordinate selection board constituted under the law. ..... in the affidavit filed by sahebrao jaganath dhumal on behalf of the bank, it is clearly stated that before the recruitment dated 30th june 1991, the bank had completely filled the entire backlog and was, therefore, not subject to limitations ..... challenged before the court and the court held :- 'the high court, in our view, was not justified in quashing the selection procedure. ..... institutions employing more than 10 persons should call for list of candidates from employment exchange, social welfare department and tribal welfare department and that the intimation of interviews should be given to the candidates before one month from the date of interview. .....

Maharashtra General Kamgar Union Vs. Mazdoor Congress and ors.

Court : Mumbai

Reported in : 1983(1)BomCR381; 1983MhLJ147

..... they have expressed preference for the method of verification of membership of the trade unions, more or less on the lines of the provisions contained in the bombay industrial relations act. ..... section 33 empowers the industrial court to make regulations and rules for regulations the procedure before it. dr. ..... this appeal involves the legality and the correctness of certain orders that have been passed by the industrial court in a proceeding under section 13 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act of 1971') 2. ..... kulkarni, the learned advocate for the appellant (maharashtra union) contended that the temporary injunction as was granted by the industrial court was absolutely essential and that the maharashtra union has made out a prima facie case for relief. ..... 'thus, the finding of a prima facie case in favour of maharashtra union has been recorded by the industrial court on the basis that the position as was available on 16th october, 1981 was that the membership of the mazdoor congress has fallen below thirty per cent for a continuous period of six months prior to 16th october, 1981 and that, therefore, the maharashtra union is entitled to have the interim injunction. ..... the learned single judge has come to a conclusion that the said order is based on irrational grounds and that it addition the maharashtra union has not made out any prima facie case for issuance of the said order. .....

Arvind Manikchand Doshi Vs. S.V. Kotnis, Member, Industrial Court and ...

Court : Mumbai

Reported in : (1995)IIILLJ120Bom

..... 1131-46- in exercise of the powers conferred by sub-section (4) of section 2 of the bombay industrial relations act, 1946 (bom.xi of 1947), and in supersession of government notification in the labour and housing department no. ..... at the hearing of the said unfair labour practice complaint it was urged on behalf of the second and third respondent-employers that the petitioner was neither governed by the provisions of the bombay industrial relations act, 1946 nor by the provisions of the industrial disputes act, 1947 and, therefore, the complaint would not be maintainable. ..... 1131-46 dated 5th october, 1952 passed by the development department of the then government of bombay which reads as under: 'sugar industrydevelopment departmentsecretariat (annexe),fort, bombay4th october, 1952.bombay industrial relations act, 1946.no. ..... that all the provisions of the said act shall apply to the following industry, namely:-the manufacture of sugar and its by products, including-(i) the growing of sugarcane on farms belonging to or attached to concerns engaged in the said manufacture or on farms which immediately before the date on which the canals comprised in such farms are taken possession of and vest in the state government under section 21 of the maharashtra agricultural lands, (ceiling on holdings) act, 1961, belonged to or were attached to such concerns ..... 2 and 3 submitted in the labour court that the petitioner was drawing monthly wages of rs. .....