Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86e procedure before wage boards Page 6 of about 641 results (0.891 seconds)

Mahindra and Mahindra Ltd. Vs. General Employees' Union and Ors.

Court : Mumbai

Reported in : 2006(6)BomCR150

..... (1973)iillj130sc turned on the definition of 'employee' in section 3(13) of the bombay industrial relations act, 1946. ..... cipla case rightly held that an industrial dispute has to be raised before the tribunal under the id act to have the issue relating to actual nature of employment sorted ..... several cases, the adjudication was before the industrial court in a reference under section 10 of the industrial disputes act, 1947. ..... rule 85(2) provides that where the canteen is managed by a co-operative society registered or deemed to be registered under the maharashtra co-operative societies act, 1960 such a society may include in the charges to be made for any such food, drink or other items served, a profit of upto 5% of its working capital employed in running the ..... the decision in kgsd (supra), similarly related to a grievance brought before the court by an association of employees in the karnataka government secretariat ..... position and status of the workmen engaged in a statutory canteen maintained in pursuance to the rules framed under section 46 of the factories act, 1948 has to come up for consideration in several cases before the supreme court. ..... in the present case, the complaint which has been instituted by the first respondent before the industrial court proceeds on the foundation that though the workmen on whose behalf the complaint is instituted are employees of the co-operative canteen society, the society is merely a camouflage; that this arrangement is fictitious and in fact, .....

Municipal Corporation of Gr. Bombay Vs. General Secretary, BEST Worker ...

Court : Mumbai

Reported in : 2008(6)BomCR479

..... punishment of stoppage or postponement of an annual increment at the end of two years and every two years thereafter, if necessary, in the light of the record during the respective two years, if the employee or his representative under section 30 of the bombay industrial relations act, 1946 makes a request to that effect, on the expiry of a period of not less than two years from the date the punishment was given effect to, such a review will be made within a period of two months from the ..... ways by:(a) being warned or censured; or(b) being fined, subject to and in accordance with the provisions of the payment of wages act, 1936, and/or the minimum wages act, 1948 and rules thereunder, where applicable; or(c) in the case of the outdoor staff of the traffic department being sent to school for a period not exceeding one day at a time for each separate act of misconduct; or(d) being suspended for a reasonable period not exceeding three months depending upon the gravity of the ..... 96 of 2003 before the industrial court, maharashtra state. ..... case may be reviewed at the end of four years and every two years thereafter, if necessary, in the light of the record during the respective four years or two years, as the case may be, subject to the other procedure mentioned earlier in this behalf remaining the same). .....

Bank Karmachari Sangh Vs. the Cosmos Co-operative Urban Bank Ltd. and ...

Court : Mumbai

Reported in : 1998(1)ALLMR255; 1998(2)BomCR692; 1998(1)MhLj297

..... petitioner is a trade union registered under the trade unions act, 1926 and also registered as the representative and approved union under the bombay industrial relations act, 1946 in respect of employees employed in the co-operative bank industry in the local area of pune cantonment and pune municipal ..... is the member, industrial court, maharashtra, constituted under section 4 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, hereinafter referred to as 'the mrtu & pulp act', at pune. ..... on the board of directors, who, ultimately, have to manage the entire affairs of the bank, as per the provisions of maharashtra co-operative societies act, 1960. ..... this court on 29th june, 1988 orally directed the petitioner to move an application before the president of the industrial court for an administrative order to be issued to the fourth respondent for deciding the matter by ..... in lieu of reinstatement be entitled to 50 per cent of the back wages by way of compensation from the date their services were illegally terminated. ..... in the last week of march, 1983 fresh elections to the board of directors of the bank were notified to be held on 1st ..... in the writ petition filed by the board of directors of the bank, this court on 24th november, 1982 confirmed the election to the board of directors of the bank held on ..... was distributed to the members of the petitioner union and a copy of the same was displayed on the notice board at the head office of the bank. .....

Division Controller M.S.R.T.C., Bhandara Vs. Gulab Tanbaji Bhandarkar

Court : Mumbai

Reported in : 1998(3)ALLMR1; 1998(4)BomCR537; 1998(1)MhLj818

..... 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. ..... record and no other material the discretion exercised by the labour court could not be said to be illegal and improper warranting interference by the industrial court in the exercise of its jurisdiction under section 44 of the maharashtra recognitions of trade unions and prevention of unfair labour practices act.in so far as the revision preferred by the workman regarding failure to award backwages the industrial court held that the labour court had refused backwages as that would be a proper and appropriate punishment. ..... if the labour court and the industrial court can interfere and pre-empt an employer from discharging or dismissing the employee even before the employer has dismissed or discharged the employee, it surely cannot be read to mean that the industrial courts and labour courts would have no powers to interfere in the matter of punishment. ..... in fact though the said issue was not directly in issue in the case of hindustan lever limited (supra) there is a passing reference by the apex court pointing out therein that the courts could interfere even before an employer discharges or dismisses an employee on a consideration of the grounds listed in clauses (a) to (g) of item 1 of schedule iv. .....

State Transport Co-operative Bank Ltd. and anr. Vs. Shankar Gopal Pagi ...

Court : Mumbai

Reported in : (2005)IILLJ80Bom

..... respondent filed an application under sections 78 and 79 of the bombay industrial relations act, 1946. ..... bank relied upon the earlier order passed under mrtu and pulp act and pleaded that application under sections 78 and 79 of the bombay industrial relations act was barred in view of the provisions of section 59 of the mrtu and pulp act. ..... the application under the bombay industrial relations act was heard on merits.5 ..... the learned single judge further directed that the appellant bank will have to prove the misconduct alleged against the respondent workman by leading evidence before the labour court and after such evidence is led the labour court will have to consider whether the punishment of dismissal was proper.3 ..... this order the learned single judge set aside the orders passed by the labour court and industrial court and remanded the matter to the labour court to be decided afresh in accordance with law ..... the appellant is a co-operative society registered under the provisions of maharashtra co-operative societies act, 1960 and is inter alia engaged in the business of banking ..... , it is to be borne in mind that in domestic enquiries the detailed procedure of recording evidence as followed in courts need not be strictly adhered to. ..... inquiry was also challenged on the ground that the subsistence allowance of only 50% of the wages was paid during the course of enquiry which vitiated the inquiry. ..... claim of the respondent for reinstatement with continuity of service and back wages was rejected. .....

Employees State Insurance Corporation Vs. H. Fillunger and Co. Pvt. Lt ...

Court : Mumbai

Reported in : 2008(6)ALLMR674; 2008(5)BomCR513; [2008(119)FLR641]; (2009)ILLJ491Bom

..... in the state of maharashtra, the state government has issued notifications appointing the industrial courts / tribunals established under the industrial disputes act, 1947, the bombay industrial relations act, 1946 and the mrtu & pulp act, 1971 as the employees' insurance courts. ..... judge of the high court in appeal under section 30 of the workmen's compensation act, in the circumstances of the case, is not a judgment as envisaged in clause 15 of the letters patent (bombay), however, even if we presume it to be so, even then the decision given by the single judge under section 30 of the workmen's compensation act will have same effect as that of the decision rendered by the single judge in second appeal and in view of section 100a of the code of civil procedure, letters patent appeal against such decision ..... the full bench stated in this regard as under:we clarify that we are not concerned with the question whether section 100a of the code as substituted by the amendment act, 2002 is applicable to the appeal before the division bench against the judgment and order of a single judge of the high court in exercise of appellate jurisdiction under special statute and to that extent we do not express any opinion about the full bench ..... it has been held that when the company law board exercised its powers under sections 397 and 398 of the companies act, it exercised its quasi-judicial power as original authority and though it may not be a court but it had all the trapping of a court. .....

Moil Jan Shakti Majdoor Sangh Vs. Union of India

Court : Madhya Pradesh

..... bombay industrial relations act, 1946, maharashtra recognition of union and prevention of unfair practice act ..... industrial relations act ..... during course of discussions with the cmd on the said matter, he stated that at present since the industrial relation is cordial with the present recognized union of the management and there is no industrial unrest in the organization of the moil and also there is no breach of code of discipline by the said recognized union and this union is also having the largest membership ..... reliance is placed on clause 12 and 13 of code of discipline and section 16 of bombay industrial relations act 1946 to bring home the submissions that there is no automatic cessation of status as representative union even ..... those who support the check off system argue: (i) that the check off or authorization to deduct union subscriptions from wages clearly shows that the respective strength of unions: (ii) that unlike the secret ballot which only shows the preference at the moment, the check off system ..... resorted to during the course of procedure adhered to for recognition of representative union as per appendix iii of the code of discipline, it will be open for rival union to raise such dispute before the competent authority. 45. ..... of ascertaining the relative strengths of trade unions based on continuing loyalty reflected by the regular payment of union subscription, even if such subscriptions are deducted from the wages as permitted under the payment of wages act, 1936. .....

Moil Janshakti Mazdoor Sangh Vs. Union of India

Court : Madhya Pradesh

..... reliance is placed on clause 12 and 13 of code of discipline and section 16 of bombay industrial relations act 1946 to bring home the submissions that there is no automatic cessation of status as representative union even ..... management or other unions; and (4) that there is no better method to verify support.those who support the check off system argue: (i) that the check off or authorization to deduct union subscriptions from wages clearly shows that the respective strength of unions: (ii) that unlike the secret ballot which only shows the preference at the moment, the check off system shows the continued support for the unions ..... one union if the same is not found responsible for breach of the code during period of one year immediately before claiming recognition subject to the condition that (i) a union not affiliated to any of the four central workers' organizations should wait for a period of one year after accepting the code of discipline before its request for recognition can be considered and (ii) a breach of the code of discipline should be established by ..... ii llj 217.it is contended that adhearing to the method of secret ballot in the context of the procedure provided by the code of discipline as a method of determination of majority of membership of the union in a particular period would be derogatory ..... the largest and the deepest manganese ore mines located at bhaveli, tirodu and ukwa in district balaghat in the state of madhya pradesh and some part of maharashtra state. .....

Nagpur District Central Co-operative Bank Vs. State of Maharashtra and ...

Court : Mumbai

Reported in : 1987(3)BomCR83; 1987MhLJ593

..... which is raised in this patent appeal on behalf of the appellant is that unless an approach notice under section 42(4) of the bombay industrial relations act, 1946 (for short, 'the b.i.r. ..... act the would not be an employee within the meaning of the said expression under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short, 'the act') also and his application, therefore, under the said act ..... before parting with this judgment it is necessary to bear in mind that in approach notice is mandatory or is a condition precedent in view of the proviso to section 42(2) ..... , therefore, cannot be held to be necessary to be given before an ex-employee can move the labour court for necessary relief under the act.11. ..... act is relied upon to show that a person who has been dismissed, discharged or retrenced or whose services have been terminated from employment is covered by the said definition only if his dismissal, discharge, retrenchment or termination of his service is on account of any dispute relating to change in respect of which a notice is given or application made under section 42 whether before or after his dismissal, discharge, retrenchment or as the case may be, ..... 'before or after his dismissal, discharge, retrenchment or, as the case may be, termination from employment' would show that the requirement of cessation of employment on account of dispute in the inclusive clause is applicable in the cases of dismissal, retrenchment .....

Mrf United Workers Union Rep. by Its General Secretary Vs. Government ...

Court : Chennai

Reported in : (2009)IVLLJ685Mad

..... similarly, under the bombay industrial relations act, 1946, which applies to specific industries in maharashtra and gujarat, the recognition of the collective bargaining agent is on the basis of the larger membership arrived at on the basis of ..... submits that the settlement deed dated 9th may, 2009 is a settlement under section 18(1) of the industrial disputes act, 1947 (in short 'the act'), which is binding only on the parties to the settlement. ..... of the workmen on the works committee under section 3 of the act are to be elected in the manner provided under part vii of the industrial disputes (central) rules, 1951. ..... to the trade union, claiming to be a sole bargaining agent, a procedure has been laid down as per the code of discipline and the process emanates by submitting a petition before the state evaluation and implementation committee. ..... on appeal, the supreme court noted that though there was a strong demand from some sections for recognizing the bargaining agent of the workmen by a secret ballot or otherwise, the national labour commission did not countenance it for certain ..... activities for the purpose of collective bargaining or other mutual aid or protection, that is to say-(a) threatening workmen with discharge or dismissal, if they join a trade union,(b) threatening a lock-out or closure, if a trade union is organized,(c) granting wage increase to workmen at crucial periods of trade union organization, with a view to undermining the efforts of the trade union organization.2. .....