Court : Supreme Court of India
Reported in : 1998IIAD(SC)20; AIR1998SC1233; [1999(82)FLR380]; (1998)2GLR1079; JT1998(1)SC604; (1998)ILLJ868SC; 1998(1)SCALE565; (1998)2SCC688; [1998]1SCR793
..... under the bombay industrial relations act, as it originally stood, section 9 provided that no person shall be eligible to be appointed as a judge of the labour court unless he possessed the qualifications, other than the qualification of age, laid down under article 234 of the constitution for being eligible to enter the judicial service in the state of maharashtra. ..... in fact, in the case of the unamended bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, the qualifications of a presiding officer of the labour court were in terms of article 234 until the bombay industrial relations act was amended. ..... we need not refer at length to various other judgments which have dealt with the question whether a tribunal set up under different acts which were before the court in each case was a judicial body or a court and whether it was a court subordinate to the high court. ..... the court dwelt on the fact that the powers vested in it are similar to those exercised by civil courts under the code of civil procedure when trying a suit. ..... the procedure for selection under the said rules was also challenged as violative of article 233. .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)ILLJ800Bom
..... section 42(2) of the bombay industrial relations act, 1946, provides that an employee desiring a change in respect of an industrial matter must give a notice in the prescribed form to the employer who is to forward a copy of the same to the conciliator for the industry concerned for that local area. ..... were : (1) that the present petition was not maintainable by reason of non-joinder of the maharashtra state farming corporation; (2) that the question of master and servant was a question of fact which could not be gone into on a writ petition; (3) that the award of the industrial court being based in this case on certain admissions made by the petitioner-company on affidavit before the industrial court, this court should not interfere with the same; and (4) that this ..... in the view which we take of the matter, it is unnecessary for us to refer to the various clauses or provisions of the said agreements in detail, but suffice it to say that the procedure which the petitioner-company followed by means of those agreements for the purpose of procuring sugarcane from the lands of private cultivators shows that there was a nexus or connection between the harvesting and transport of sugarcane ..... . it is common ground that the wage board has fixed a minimum wage of rs ..... 5 of which there is a categorical statement that the procedure adopted by the company in procuring its sugarcane supply from cultivators has been the same 'from the very beginning. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)BomCR338; (2005)ILLJ1145Bom
..... the question for consideration in this appeal is: does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act) other than those specified in items 2 and 6 of schedule iv thereof8. ..... act including sections 20 and 21, it is clear that any affected employee in an undertaking to which industrial disputes act applies or in an undertaking to which bombay industrial relations act, as the case may be may file complain aggrieved by an unfair labour practice and it cannot be said that such complaint has to be filed by a recognised union or representative union. ..... section 33 of the act specifies that an employee or a representative union shall be entitled to appear through any persons in all proceedings before the industrial court or the wage board or in the proceedings before the labour court deciding whether a lockout, closure or stoppage or change or an order passed by employer under the standing orders is illegal. ..... welfare of workers being a primary concern of our constitution (part iv), we have to understand and interpret the new norms of procedure at the pre litigative and litigative stages, conceptually recognising the representative capacity of labour unions. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1992)ILLJ72AP
..... question of recognition is governed by the guidelines in the 'code of discipline' voluntarily accepted by the employer and employees and will hold good unless replaced by any statute like the bombay industrial relations act, 1946 or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 or similar provisions in force in madhya pradesh, rajasthan etc. ..... the supreme court, after stating the above facts, observed :- 'the commission had before it two alternative suggestions for ascertaining the membership (i) verification of membership by registers and (ii) by secret ..... the directives are merely in the form of clarification as to the procedure to be adopted by the bank in recognising any union as part of bank's managerial function and it is merely a guideline, interpreting the provisions of the 'code of discipline ..... coming to the third point, it is necessary to refer to section 24 of the regional rural banks act, 1976, which reads as follows :- 'power of central government to give directions :- (1) a regional rural banks shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the central government ..... the central labour board, jaipur, in case ..... the board in its meeting held on february 21, 1989, has resolved to implement the instructions contained in the aforesaid communication and to be made applicable to the employees/officers association in our bank also with immediate .....
Tag this Judgment!Court : Mumbai
Reported in : [1991(63)FLR382]; (1992)ILLJ248Bom; 1991(1)MhLj318
..... on february 13, 1985, the rashtriya mills mazdoor sangh, a representative union for the local areas of the cotton textile industry in greater bombay, sent an approach notice under section 42(4) of the bombay industrial relations act, 1946, in respect of 1,654 employees, including the petitioners, on the basis that the management had illegally refused to assign work to the ..... question which, therefore, arises for my consideration is as to whether the interim order dated august 26, 1986 (exhibit 'a' to the petition) passed by the labour court in the application under section 78 and 79 of the bombay industrial relations act, 1946, can be described as a settlement or an award. ..... interim order in an application under sections 78 and 79 of the bombay industrial relations act, 1946, cannot be viewed as an ..... submitted, in the first instance, that the interim order passed by the labour court on application for interim relief in the application made under section 78 and 79 of the bombay industrial relations act, 1946, was a settlement. ..... judgment, the interim order passed by the labour court in an application under sections 78 and 79 of the bombay industrial relations act cannot be viewed as a settlement. ..... 1 and 2 on the pay, wages or salaries as before january 18, 1982 to 'these employees' mentioned in annexure 'a' during the pendency of the main application and subjects to its ..... severally from the national textile corporation (south maharashtra) ltd. ..... textile corporation (south maharashtra) ltd. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR783; 2002(3)BomCR571; [2002(94)FLR560]
..... challenges the order of the industrial court dated 15th december, 1998 declaring that the petitioner is not an 'employee' under the provisions of section 3(13) of the bombay industrial relations act, 1946 (hereinafter referred to as '1946 act').2. ..... petitioner, therefore, filed a complaint under item 1(b) and (f) and item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the '1971 act') alleging that the first respondent had terminated his service in breach of the conditions of service applicable to him ..... skilled or unskilled work for hire or reward in any industry, and includes---(a) 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);(b) a person who has been dismissed, discharged or retrenched or whose services have been terminated from employment on account of any dispute relating to change in respect of which notice is given or an application made under section 42 whether before or after his dismissal, discharge, retrenchment or, as ..... written statement filed by the first respondent, a contention was raised that the petitioner was not an 'employee' under item 3(13) of the 1946 act since he was performing work of a supervisory nature and was drawing wages with a basic salary of over rs. ..... therefore, a workman who is skilled, whether or not he is drawing a basic wage of more than rs. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR517; 1998(2)BomCR52; [1998(79)FLR272]
..... the government labour officer and the 5 elected representatives of the employees gave a notice of change dated 5th january, 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 10th august, 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. .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)IIILLJ367Bom; 1991(1)MhLj713
..... the respondents therein) made the necessary applications before the labour court under section 79 of the bombay industrial relations act, 1946, relying upon the same very notification i.e. ..... doshi that the cases interpreting section 3(13) of the bombay industrial relations act, 1946 cannot be useful for the purpose of interpreting and applying clauses (a), (b) or (d) of the said notification dated 30th may, 1966. ..... section 122 of the bombay industrial relations act, 1946 provided that thebombay industrial disputes act, 1938 was repealed, subject to the saving clause contained therein. ..... with effect from 18th october, 1983 so as to attract section 3(13) of bombay industrial relations act, 1946 and other relevant provisions.3. ..... in view of the fact that they are employed through a contractor and not directly, their case falls within section 3(13) of the bombay industrial relations act, 1946'.8. ..... 518 of 1985, under sections 78 and 79 of the bombay industrial relations act, 1946. ..... 2847/34-a dated 30th may, 1939 issued by the then government of bombay in exercise of powers conferred on it under the bombay industrial disputes act, 1938, and continued in force by the government of maharashtra after coming into force of tile abovereferred act of 1946. ..... under section 42(4) of the bombay industrial relations act, 1946, calling upon the management to reinstate the petitioner with continuity of service and full back wages and other benefits with effect from 23rd january, 1985. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR366; 2009(1)BomCR179
..... act;(iii) the orders passed under the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971(iv) the orders passed under the industrial disputes act, 1948;(v) the orders made in applications under the bombay industrial relations act, 1946;(vi) the orders passed under the maharashtra restoration of lands to scheduled tribes act, 1974 (act xiv of 1975)(vii) the orders passed under the maharashtra co-operative societies act ..... wages act, 1936;(xii) the orders passed under the minimum wages act, 1948;(xiii) the orders passed under the bombay prohibition act, 1949;(xiv) the orders passed the maharashtra land revenue code, 1966;(xv) the orders passed under the maharashtra university act, 1994(xvi) the orders passed under the bombay stamp act, 1958;(xvii) the orders passed under the bombay police act ..... act and noted that the object of the act, the charity commissioner being clothed with sufficient power to deal with all exigencies where a public trust or its trustees stray away from its legitimate path and where the materials are before him or placed before him by the said two persons, then to hold abatement of proceedings on application of any procedural ..... charity commissioner issues notice prior to the passing of the order under sub-sections (3) or (4) of section 41-d, then obviously, the trustees who are mismanaging the trust would have an ..... she is in any way aggrieved by the directions issued by the board, she would be at liberty to seek appropriate directions from the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(4)AWC3567(SC); 2008(56)BLJR2023; [2008(118)FLR322]; JT2008(8)SC559; 2008(3)KLT33(SC); (2008)IIILLJ853SC; 2008(9)SCALE557; 2009(1)SLJ187(SC); 2008AIRSCW4279; 2008LABIC2621; 2008-III-LLJ-853; 2008(4)Supreme609
..... 234, 235, 236(a) and (b) and section 3(17) of general clauses act, bombay industrial relations act, 1946 and maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, held: (para 5 scc ..... industrial disputes act, the bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, would have been within the jurisdiction of the ordinary civil courts to decide, although the ordinary civil courts may not be able to grant all the reliefs that are contemplated by these acts ..... labour law practitioners' association : (1998)illj868sc , the question before the high court was whether notification dated 8.3.1979 issued by the state of maharashtra under the id act, 1947 and the bombay industrial relations act and the amended section 7 of the id act, 1947 insofar as these provisions authorised the appointment of assistant commissioners of labour working as judges of the ..... more parties and then involves four requisites :- (1) the presentation of their case by the parties; (2) ascertainment of facts by means of evidence adduced by the parties often with the assistance of argument; (3) if the dispute relates to a question of law, submission of legal, arguments by the parties; and (4) by decision which disposes of the whole matter by findings on fact and application of law to facts so found, judged by the same ..... those exercised by civil courts under the code of civil procedure when trying a suit. ..... procedure .....
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