Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86e procedure before wage boards Page 7 of about 641 results (0.669 seconds)

Sangali Dist. Central Co-operative Bank Ltd. Vs. Tukaram Atmaram Jadha ...

Court : Mumbai

Reported in : (1997)IIILLJ1247Bom

..... 11 of 1988 under section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as act'). 3. ..... order of the labour court was not vitiated for not framing the preliminary issue as to the validity of the domestic enquiry, the industrial court was of the view that the refusal of the petitioner-employer to permit the first respondent to be represented in the domestic enquiry by an authorised office-bearer of the general workers union was a contravention of the right under section 22(ii) of the mrtu & pulp act, 1971 and, therefore, the enquiry was bad in law. ..... 11 of 1986 before the industrial court at kolhapur. ..... it is doubtful whether, in the absence of an application reserving leave to lead evidence on the merits of the charges in the written statement or contemporaneously therewith, the industrial court could have granted such liberty to the petitioner at the late stage when the appeal was beard before it. ..... the petitioner is a co-operative society registered under the maharashtra co-operative societies act, 1960. ..... having arrived at this conclusion, though the industrial court could have straightaway reinstated the first respondent with full back-wages and continuity of service, it decided to remand the case to the labour court for trying the merits of the charges after giving opportunity to both sides to lead evidence. ..... 13 of 1986 under sections 78 and 79 of the act before the labour court at sangli. .....

The Ichalkaranji Urban Co-operative Bank Ltd. Vs. Shri Vilas Hanmant A ...

Court : Mumbai

Reported in : 1998(1)BomCR704

..... a perusal of the standing order which have been attached with the writ petition shows that the standing order have been settled by the commissioner of labour under section 35(2) of the bombay industrial relations act, 1946 for employees in the co-operative banks mentioned in the schedule appended thereto. ..... the bank has adopted standing order applicable to its employee, which have been duly certified by the commissioner of labour, bombay under section 35-c of the bombay industrial relations act, 1946. ..... the said argument was rejected by holding that the dispute in the case fell within the powers of the labour court under section 33-c(2) of the industrial disputes act and the labour court was right in holding that the workman was entitled to the special allowance. 8. ..... 1 moved an application before the labour court, kolhapur under section 33-c(2) of the industrial disputes act, 1947, claiming an amount of rs. ..... it was denied that the respondent had been paid less amount of wages during the period from 8th december, 1981 to 30th september, 1985. ..... the petitioner is a co-operative bank registered under the maharashtra cooperative societies act, 1960. ..... therefore, when a claim is made before the labour court under section 33-c(2) that court must clearly understand the limitations under which it is to function. ..... the question before the labour court was whether or not the recital in the appointment order dated 8th june, 1981 was contrary to the standing order or not. .....

Chhotabhai Jethabhai Patel Vs. Industrial Court, Nagpur

Court : Mumbai

Reported in : 1967MhLJ40

..... we have already pointed out that the amendments effected in the bombay industrial relations act, 1946, by maharashtra act 22 of 1965 were largely made to bring out a uniform piece of legislation for adjudication and settlement of industrial disputes in the whole of the state of maharashtra. ..... 78(1)d of the bombay industrial relations act, whether the labour court acts without jurisdiction if the employee concerned approaches that court for the relief of reinstatement and payment of back-wages without complying with the provisions of s. ..... 78(1) of the bombay industrial relations act, 1946, is concerned, it is not necessary for an employee first to approach an employer or to follow the procedure under s. ..... (3) when no settlement is arrived at in any conciliation proceeding in regard to any industrial dispute which has arisen in consequence of a notice relating to any change given under sub-section (1) or (2), no fresh notice with regard to the same change or a change similar in all material particular shall be given before the expiry of two months from the date of the completion of the proceeding within the meaning of s. 63. ..... 78(1) enables the labour court to require the employer to reinstate the employee either forthwith or by a specified date and requires that the employer shall pay back-wages from the date of termination of service or suspension, and ending on the date on which the labour court ordered reinstatement or the date of reinstatement whichever is later. .....

The Mumbai Taximen's Union and Another Vs. State of Maharashtra Throug ...

Court : Mumbai

..... (5) save as aforesaid, the industrial tribunal may, in deciding disputes under this section, exercise the same powers and follow the same procedure as it exercise or follows for the purpose of deciding industrial disputes under the bombay industrial relations act, 1946 (bom. ..... at the same time, by incorporating the provisions of obtaining consent from the registrar, the state of maharashtra has sought to introduce a filter to ensure that frivolous cases and complaints are not filed before the industrial court and, therefore, summary scrutiny by the registrar is envisaged by the said provision. ..... conditions of the security guards with the company are not less favourable than the one under the act then in such circumstances exemption could be granted ..... accept the contention of the petitioner that the exemption under section 23 is not only one time exemption but such exemption was permissible at any point of time till the security guard is registered with the board under the said act in order to ensure that the service conditions of the security guard who is employed should not be less favourable than the one under the act and if the government is satisfied that the terms and .....

Balmer Lawrie Workers' Union, Bombay and Anr. Vs. Balmer Lawrie and Co ...

Court : Supreme Court of India

Reported in : AIR1985SC311; [1985(50)FLR186]; (1985)ILLJ314SC; 1984(2)SCALE1000; 1984Supp(1)SCC663; [1985]2SCR492

..... state of bombay : (1954)illj1sc one of the contentions canvassed before the constitution bench was that section 13 of the bombay industrial relations act, 1946 as it then stood provided that a union can be registered as a representative union for an industry in a local area if it has for the whole of the period of three months next preceding the date of its application, a membership of not less than 15% .of the total number of employees employed in any industry in any local area. ..... section 20(2)(b) is more or less in pari materia with the provisions of the bombay industrial relations act, 1946. ..... there is in force in the state of maharashtra a comprehensive legislation bombay industrial relations act, 1946 touching almost all aspects of industrial relations but it applies only to specified industries. ..... the non-recognised union filed a fresh writ petition inter alia contending that clause 17 permits a compulsory exaction not permitted by the payment of wages act from the arrears payable to the workmen by the employer, without the consent of the workmen, who are not the members of the recognised union. ..... on receipt of the application, the industrial court has to cause a notice to be displayed on the notice board of the undertaking, declaring its intention to consider the said application on a date to be specified in the notice and calling upon other union or unions, if any, having membership of employees in that undertaking and the employers and the .....

Reliance Energy Limited Vs. Rashtrawadi Kamgar Sangh and ors.

Court : Mumbai

Reported in : (2009)IILLJ708Bom

..... is covered by the provisions of the bombay industrial relations act, 1946 (for short, 'the bir act'). ..... maharashtra sugar mills limited, (supra), the industrial dispute between the maharashtra sugar mills and its employees including the seasonal and contract labour was referred under section 13 of the bir act to the ..... however, if the complaint fails to disclose the jurisdictional fact that the 'work being ordinarily part of the undertaking' in relation to the work which was entrusted to the workman of the contractor, the workman must first get established the employer-employee relationship by adopting appropriate proceedings before the appropriate forum under the bir act and it is only after status of the workman or employee is established in appropriate forum that a complaint would lie ..... he submitted that the labour court and the industrial court have fallen into a serious error in directing the appellant company to reinstate the said employees and pay them wages when the contract between the appellant company and the contractor had come to an end and, therefore, there was no statutory relationship of employer employee ..... that, if the work is not provided the appellant company and the contractor shall jointly or severally pay wages to the said employees during the pendency of the case till the final disposal of the complaint.11. ..... the appellant company and the contractor to pay jointly or severally full wages of the said employees from april 2, 2007 during the pendency of the .....

Mumbai District Co-operative Bank Ltd. Vs. Co-operative Bank Employees ...

Court : Mumbai

..... the impugned order of the labour court was passed on an interim application under section 119 (d) of bombay industrial relations act, 1946 (hereinafter referred to as "bir act") filed by the respondent-union seeking an order to restrain respondent-bank from hiring the services of one m/s synergy safe climber and property ..... (i) that the bank is bound to comply with the directives of nabard, rbi and the cooperation department, state of maharashtra, failing which it would be liable for regulatory action; (ii) that the bank is required to follow the selection procedure viz advertisement, age, qualifications, written tests, interview, reservations, etc for the purposes of recruitment of the employees which procedure is specified in the memorandum of settlement dated 20-10-2006; (iii) that the settlement dated 20-10-2006 was substituted by ..... shall make any change in contravention of the terms of a settlement, effective award, registered agreement or effective order or decision of a wage board;" "s.46(4)- any change made in contravention of the provisions of sub-section (1), (2) or (3) shall be illegal;" "s.46(5)- failure to carry out the terms of any settlement, award registered agreement or effective order or decision of a wage board, a labour court or the industrial court affecting industrial matters shall be deemed to be an illegal change. ..... in the present case, it cannot be said that the proceedings before the labour court would become redundant in any manner by granting interim .....

Maharashtra State Road Transport Corporation Through Divisional Traffi ...

Court : Mumbai

Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798

..... 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 mrtu & pulp act ..... act', in a complaint relating to unfair labour practices other than those specified by items 2 & 6 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'.the division bench in paragraph 33 has observed that:'having given our fullest consideration to this submission, we are of view that sections 20 & 22 which confer rights on recognised and unrecognised union, respectively, are not determinative of the rights of unions to appear in complaints relating ..... daily-wage basis ..... procedure of recruitment, but there are two provisos to the said clause, those provisos are :'provided that, in case of vacancies of a purely temporary nature, leave vacancies and daily waives earners, where no person recommended by the state transport services board ..... before this court is, when there is no recognised union in the said industry, then in that circumstances, whether the unrecognised union working in the said industry can file a complaint or not.in short, whether it will be proper to hold that when there is no recognised union in the industry covered by the industrial disputes act, it is only the employee concerned who can file the complaint under items 2 & 6 of the schedule - iv of the said act .....

Best Workers' Union Vs. Brihan Mumbai Electric Supply and Transport (B ...

Court : Mumbai

Reported in : 2004(3)ARBLR192(Bom); 2004(5)BomCR311; [2004(101)FLR926]; 2004(3)MhLj199

..... section 73a of the bombay industrial relations act, 1946, hereinafter called as 'the said act ..... court in labour law practitioners' association's case (supra) has held that 'the labour court adjudicates upon disputes that, had it not been for the 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 section 73a, while it mandates the reference to be made within two months from the date of completion of the procedure before the conciliator, at the same time it does not empower the industrial court to condone the delay in referring every such industrial dispute under ..... undisputedly the powers of the labour court in that regard were amended by the maharashtra act 47 of 1977 whereby a proviso was added to sub-section (3) of section 79 empowering the labour court to admit such applications even after the expiry of ..... supra), while dealing with the issue as to whether the appellant before the apex court who was able to secure a favourable order from the competent authority under the maharashtra rent control act, 1999 condoning the delay in filing the application to defend the eviction proceedings and consequent leave to defend, but had suffered an order against him before the learned single judge of this court and had preferred appeal therefore .....

Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Ltd. and Others V ...

Court : Mumbai

Reported in : (1997)IIILLJ592Bom

..... 4 of 1988 before the labour court alleging that the soot girani and its board of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same. ..... the contempt of the labour court, industrial court and wage board or other kinds of contempt's of industrial court, labour court and wage boards have been dealt with under section 119a and section 119b of the act. ..... the division bench held that the scheme of the first four sub-sections of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act shows that certain offences are created and penalties provided for them. ..... for such contempt the procedure is that, if the contempt is of the labour court, the labour court is required to make a report of the material facts to the industrial court and the industrial court then in turn would forward a report to the high court which is required to deal with such contempt as if it were contempt of itself and act in accordance with the same procedure and practice as it has an exercise in respect of contempt of itself. 7. .....