Court : Mumbai
Reported in : (1998)IIILLJ520Bom
..... in terms of the industrial employment standing orders act, 1946, which hereinafter shall be referred to as the act, on the provisions of the said act becoming applicable to any establishment, the establishment had to submit within six months of the act becoming applicable draft standing orders for certification. ..... section 81 of the factories act reads as under : 'a worker who has been allowed leave for not less than four days in the case of adult and five days in the case of a child shall, before his leave begins, be paid the wages due for the period of the leave allowed'. ..... reliance has also been placed in the judgment of the apex court in board of trustees of the port of bombay's case (supra) wherein in paragraph 12 thereof it is observed as under : '.... ..... moreover in various model standing orders as pointed out to us in the state of maharashtra a right has been conferred on an office bearer of an union to represent the delinquent employee at the enquiry. ..... facts and circumstances, it would (sic not) be unfair and unreasonable to make a provision for a particular item, it would be competent for them to do so; but the employer cannot insist upon adding a condition to the standing order which relates to a matter which is not included in the schedule'. ..... it is not so much to act judicially but is to act fairly, namely, the procedure adopted must be just, fair and reasonable in the particular circumstances of the case.....' '..... .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)ALLMR491; 2000(3)BomCR212; (2000)1BOMLR697; [2000(85)FLR536]; (2000)ILLJ1518Bom; 2000(3)MhLj104
..... niton industries, a partnership firm registered under the provisions of the indian partnership act, being aggrieved by the order passed by the regional provident fund commissioner, maharashtra and goa dated 23rd september, 1992, in the matter of proceedings under section 7-a of the employee's provident funds and miscellaneous provisions act, 1952 ('the act'), against inventa valve industries (bombay) private limited, mh/21449 ..... it was observed in this case by the high court that even though both the factories were owned by a common owner, namely, respondent-company, and even though the board of directors was common, that by itself could not be sufficient unless there was clear evidence to show that there was interconnection between these two units and there was common supervisory, financial or managerial control ..... niton industries both filed copies of their balance-sheets up to year 1986-87 before the regional provident fund ..... therefore held that the shipping division of the company was altogether different and had no connection or relation with the activities of other units. ..... the learned regional provident fund commissioner, maharashtra and goa, after perusing all the documents, which were placed before him, and after hearing all the sides, came to the conclusion that ..... was submitted by the representative appearing for the establishment that the dispute might be resolved on the basis of submissions and documents in the proceedings filed before the regional provident fund commissioner. .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]136STC462(Bom)
..... authority two decades ago that the medicinal formulation/preparation used for diagnosis of the disease in human beings outside the body would be covered under the entry relating to medicines/drugs.33. once it is held that the diagnostic kits are medicinal formulations, the tribunal could not have classified the same under entry c-ii-106 ..... maharashtra sales tax tribunal, mumbai, has referred the following questions for the decision of this court under section 61 of the bombay sales tax act, 1959 :(i) whether, on the facts and circumstances of the case and on true and correct interpretation of the schedule, entry c-ii-37, appended to the bombay sales tax act, 1959 as amended by amendment act ..... in human beings or animals, as may be specified from time to time by the central government by notification in the official gazette, after consultation with the board :'accordingly, it was submitted that when the definition of 'drug' under the drugs act includes all medicines for internal or external use of human beings, all substances intended to be used for or in the diagnosis and also preparations applied on ..... patkar, learned advocate appearing on behalf of the assessee, submitted that the revenue had contended before the lower authorities that the diagnostic kits cannot be classified under entry c-ii-37 mainly on two grounds, namely : (i) diagnostic ..... automobile and agricultural industries corporation [1961] 12 stc 122, it was submitted that when the legislature has designedly abstained from .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(1)BomCR188; 1987MhLJ955
..... it also filed in the labour court at nagpur applications under sections 78 and 79 of the bombay industrial relations act (the bir act) seeking declaration of illegal change, lock-out and or closure and also for interim relief. ..... as both houses of the state legislature were not in session and it was necessary to take immediate action to enact a law to achieve the objects stated above, the governor of maharashtra promulgated the central india spinning, weaving and manufacturing company limited, the empress mills nagpur (acquisition and transfer of undertaking) ordinance 1986 on the 3rd october, 1986. ..... and yet, such deprivation would not have to be in accordance with the procedure established by law, if the right to livelihood is not regarded as a part of the right to life. ..... (5) where---(a) the services of any person employed before the appointed day in the undertaking are terminated---(i) under the terms of any contract or service or otherwise, or(ii) under sub-section (3), and(b) such person is entitled to any arrears of salary or wages or any payment for any leave not availed of or other payment not being payment by way of gratuity or compensation for retrenchment.such person may, except to the extent such liability of payment has been discharged by the ..... the case of board of trustees of the bombay port v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2001Bom83; 2001(1)MhLj806
..... industrial development corporation of maharashtra limited (hereinafter referred to as the cidco, for the sake of brevity), is a subsidiary company of the state industrial and investment corporation of maharashtra, a company owned and controlled by the state declared to be the new town development authority for the area comprised in the site of new bombay, in exercise of the powers conferred by subsection (3-a) of section 113 of the maharashtra regional and town planning act, 1966 (hereinafter referred to as 'mrtp act ..... authorise a panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; (b) assign to a panchayat such taxes, duties, tolls and fees levied and ..... relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:provided that all the municipalities existing immediately before ..... the object and purpose of the enactment of mrtp act is to make provision for planning and development and use of land in regions established for that purpose and to provide therefor constitution of regional planning boards; to make better provi-sion for preparation of development plan with a view .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)ALLMR870; [2001(91)FLR1079]; 2002(4)MhLj151
..... the expression 'central act' refers to industrial disputes act, 1947 and the expression 'bombay act' refers to bombay industrial relations act, 1946 in terms of definition under section 3(2) and (1) respectively. ..... court has clearly held in the said decision that if there is any dispute about such relationship between the parties, then the same should be first resolved by raising an issue before the appropriate forum in appropriate proceedings and not in the complaint itself before the industrial court under the said act and only after establishing the status as an employee in such appropriate forum, that the complaint at his instance can be filed under the said ..... registry to furnish a copy of this judgment to the secretary, (labour),government of maharashtra, bombay with a direction to circulate forthwith thecopies of the same to the industrial courts and labour courts constituted underthe said act in the state of maharashtra. ..... certainly distinguishing factor cannot be relating to the illegal procedure followed by the courts below in order to enable it to assume thejurisdiction which it does not possess. ..... 13 and were paid their wages by the respondent no. 13. ..... 13 and paid their wages by the respondent no. .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR437
..... is defined under section 2(10-ai) of the act and means the maharashtra state co-operative appellate court constituted under the act section 149(1) of the act provides that the maharashtra state co-operative appellate court is constituted to exercise the powers and to discharge the functions conferred under the act. ..... 330 to the effect that every sovereign authority must of necessity have power to decide controversies between its subjects, or between itself and its subject, whether the rights relate to life, liberty or property and the exercise of power does not begin until some tribunal which has power to give a binding and authoritative decision (whether subject to appeal or not) ..... court, if he is already in government service at the time of his appointment, shall continue to be governed by the service conditions rules applicable to him before such appointment and if he is a direct recruit, by the bombay civil services rules made by the state government.4. ..... the legislature then provided on the analogy of the provisions contained in section 30 of the indian arbitration act and para 14 of the second schedule to the code of civil procedure, 1908 to invest the tribunal with powers to set aside the award and ..... the division bench, thereupon, held that the president of the industrial court would fall within the definition of expression 'district judge' under article 236 of the constitution and the judge of labour court being subordinate judges are required to be appointed ..... board, bombay .....
Tag this Judgment!Court : Mumbai
Reported in : [2000(87)FLR44]; (2000)IIILLJ1497Bom
..... petitioners seek setting aside of the order dated september 30, 1997 passed by the industrial court, maharashtra at mumbai, inter alia, declaring that the petitioners have engaged in unfair labour practice under item l(b) of schedule ii and items 5 and 9 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') and further directing the petitioners to cease and desist from indulging in the ..... the second respondent is the member, industrial court, maharashtra at mumbai, whose order is impugned ..... article 226 of the constitution would only be justified if the findings of the tribunal are based on no evidence or the industrial court has taken into consideration matters which are wholly extraneous to the complaint which was under consideration. ..... if the members of the factory union who had allegedly precipitated the lock-out have foregone the benefits of the wages for the lock-out period, the same cannot be enforced on the head office employees who did not participate ..... of item 2 would show that it relates to domination or interference with the union ..... number who are the employees of the head office and district offices are members of all india bombay tyres international employees federation, hereinafter referred to as 'the office union'. ..... this plea is further supported from the letter written by the inter office memo issued on july 7, 1981 which related to bonus for the year 1979-80. .....
Tag this Judgment!Court : Mumbai
Reported in : [2007(113)FLR234]
..... 1938, the provisions of the said regulations would apply to the trade unions whose activities are not confined to one state and the provisions of the bombay trade unions regulations, 1927 would apply to those trade unions whose activities are confined to the state of maharashtra, and being so, the alteration in the constitution of the trade union of which the petitioner is the member and which is having its activities not ..... , 1941, the government of bombay is pleased to appoint the registrar of trade unions for the state of bombay to be the registrar of trade unions also in relation to trade unions whose objects are not confined to, and whose head office is situated in, the state of bombay.plain reading of the above notification would disclose that the registrar of trade unions for the state of bombay shall be the registrar of trade unions in relation to those trade unions whose ..... provisions of section 3 r/w section 2 of the said act, therefore, the registrar of trade unions at mumbai is functioning as the registrar of trade unions having the field of operation not only in the state of maharashtra but also in the other states, provided, however, that the union has its head-office in the state of maharashtra.7. ..... 150 of 2006 before the industrial court, thane wherein the application for interim relief was also filed for direction to the respondent to allow the petitioner to be represented by any member of the ..... flr 164 (sc) as well as the board of trustees of the port of bombay v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)ALLMR841; 2006(2)BomCR307
..... the municipality act was amended by maharashtra municipal councils, nagar panchayats and industrial townships (amendment) act, 1999, with effect from 1-5-1999 thereby the provision regarding the powers of municipality to levy and collect the octroi was abolished from the municipality act, consequently, all the provisions relating to the entitlement and the matters connected therewith were also repealed by the said amendment act of ..... paragraph 23 :-(a) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bylaw or form made, issued, imposed or granted under the maharashtra municipalities act, 1965 or any other law in force in any local area constituted to be a city immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this act, continue in force until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law, or form ..... , according to the learned assistant government pleader, considering the provisions of section 493 read with the provisions contained in appendix iv thereof, the same deal with the transitory provisions, the corporation's power to imposed octroi tax and to follow the procedure which was followed earlier in that regard, cannot be disputed ..... dhule municipal corporation is the corporation constituted under the bombay provincial municipal corporations act, 1949, (hereinafter called 'corporation act') and came in existence from 30th june, 2003 .....
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