Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86e procedure before wage boards Page 9 of about 641 results (0.179 seconds)

National Textile Corporation (Maharashtra North) Ltd. and ors. Vs. S.M ...

Court : Mumbai

Reported in : 2000(2)ALLMR376; (2000)IIILLJ555Bom

..... the bombay industrial relations act, 1946, governs the relationship between the employers and the employees engaged in this cotton textile industry. ..... it refers to a further stage when ultimately reduction does take place in the number of workman or the posts as the case may be and hence it becomes necessary for the management to comply with section 25-n of the industrial disputes act, 1947 before the management can resort to the provisions of the last part of standing order 20a. ..... buch, therefore, submitted on the same analogy that as far as the present group of employees are concerned, they are entitled to continue to work and receive wages and other benefits until they complete 63 years of age under the standing order and which is an enforceable right.34. mr. ..... these petitions are filed either by the textile mill/company or by the employees concerned challenging the orders passed by the industrial court constituted under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act, for short) on the complaints filed by these employees against these mill companies invoking items 1, 5, 9 and 10 of schedule iv of the said act. ..... been reduced substantially and whatever workforce was remaining was entitled to get the benefits under the standing orders until completion of 63 years unless the necessary requirement of retrenching the workmen by following the due procedure of law had been gone into. .....

Co-operative Bank Employees' Union Vs. Bharat Co-operative Bank Ltd. a ...

Court : Mumbai

Reported in : [2005(106)FLR52]

..... or other establishments in more than one state.we then have the bombay industrial relations act, 1946 which thereafter shall be referred to as the state act of which section 2(3) reads as under:in the areas in which the bombay industrial disputes act, 1938 was in force immediately before the commencement of this act, this act shall apply to the industries to which the said act applied:provided that this act shall cease to apply with effect from the date on which the bombay industrial relations (amendment) act, 1949, comes into force, to the imperial bank of india ..... and any banking company as defined in section 5 of the banking companies act, 1949, having branches or other establishments in more than one state.there is yet another legislation known as maharashtra .....

Municipal Corporation of Greater Mumbai and Another Vs. Municipal Mazd ...

Court : Mumbai

..... again in reference to the declaration of strike as illegal dealing with the provisions of bombay industrial relation act 1946 and mrtu and pulp act. ..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not sanctioned ..... the irrespective of the alleged participation, if any, and/or absenteeism and/or leave without intimation and/or sanctioned or alleged proved misconduct, get decided by due procedure of law, the right so accrued and crystalized and so called established practice, is integrated and interconnected though not specifically agreed and/or provided, just cannot be taken away for the one shift non ..... to time, the respondents union along with other unions have agreed/signed several settlements/agreements, memorandum of understanding (for short, mou ), for periodic revision in wages, allowances, leave facilities and other terms and conditions of employment with petitioners through its officials for more than 5 decades. ..... vi) place the matter on 9th november 2011, high-on-board, before the learned single judge for hearing and final disposal at the .....

Shivanand Madanmohan Mishra and anr. Vs. Universal Ferro and Allied Ch ...

Court : Mumbai

Reported in : 2004(3)MhLj849

..... question as to whether the representative union under the bombay industrial relations act, 1946 has exclusive right to represent the employees, for the concerned industry, in complaints relating to unfair labour practices, under the said act, other than those specified in item nos. ..... the preliminary submissions, raised on behalf of the respondents, the learned industrial court decided the preliminary issues as to whether individual complaint in respect of alleged unfair labour practice is tenable, when representative union under the bir act, 1946 is operating in respondent and complaints before labour court, bhandara is pending and whether the industrial court had jurisdiction to decide validity of agreement dated 2-6-1999 between respondent ..... it suddenly displayed a notice in its notice board, stating that, from 20th september, 1996, till the maharashtra state electricity board restores power to the factory of respondent no ..... the finding that the complaint was filed beyond the period of limitation, the learned counsel has referred to the provisions of section 45 of the bir act which reads thus :--'an agreement registered under section 44 shall come into operation on the date specified therein or if no date is so specified on its being recorded ..... initio and for a direction that the petitioners and others workers continue to remain in service and to pay them all wages, allowances and other benefits to which they are entitled in law and arrears thereof till the date of reinstatement. .....

Shaukat Adam Malim Vs. Kokan Mercantile Co-operative Bank Ltd., Mumbai ...

Court : Mumbai

Reported in : [2003(96)FLR221]; 2002(1)MhLj760

..... now, it is a well settled principle of law that the question as to whether a person is an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 has to be determined with reference to the principal nature of the duties and functions performed by the person engaged. ..... takes action against its employee on the footing that he is covered by the model standing orders (thereby implying that the employee is a 'workman' within the meaning of the act), then such employer must be estopped from denying the said fact when a dispute regarding the dismissal of the employee finally lands up before an industrial adjudicator .......the show cause notices and chargesheet pointed out to me cannot be ignored and due weightage will have to be given to them. ..... however, the learned counsel stated in all fairness that he was unable to produce any resolution of the board or of the competent authority of the bank extending the provisions of the standing orders to the other employees either for the limited purpose of disciplinary proceedings or otherwise. ..... the petitioner was appointed as an accounts clerk by the first respondent which is a co-operative bank registered under the maharashtra co-operative societies act, 1960. ..... the action of the bank was challenged by the petitioner in a complaint under section 28 read with items 1(b), (d) (f) and (g) of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ('m.r.t.u. .....

Asiatic Oxygen and Acetylene Co. Ltd. Vs. Industrial Court of Maharash ...

Court : Mumbai

Reported in : (2001)IIILLJ529Bom

..... section 1(4) of the said act clearly provides that nothing in this -act shall apply to any industry to which provisions of chapter vii of the bombay industrial relations act, 1946, apply, and as it is not disputed that the industry of the petitioner is governed by the provisions of the bombay -industrial relations act, 1946 and the standing orders framed thereunder, the learned industrial court has erred in relying upon the industrial employment (standing orders) act, 1946, in order to come to a finding that the petitioner/employer lacks power of transfer in respect of his employees being governed under the ..... ghate, learned counsel for the petitioner that in case the learned member of the industrial court considers the case of the parties before him from the view point that the industry of the petitioner is governed by the bombay industrial relations act, 1946, there will be no justification in arriving at a finding that the petitioner/employer has no power to transfer his employees.5. ..... the petitioner/employer impugns the order dated august 3, 1998 passed by the learned member of the industrial court, nagpur, on an application under section 30(2) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, in complaint (ulp) no. .....

Ramesh Daji Jadhav Vs. National Textile Corporation (Maharashtra North ...

Court : Mumbai

Reported in : 2004(1)ALLMR732; 2004(1)BomCR4

..... the appellant, therefore, filed an application before the labour court under section 78 of the bombay industrial relations act. ..... 15.1.1985 on which date the appellant had sent an approach letter under section 42(4) of the bombay industrial relations act (for short, hereinafter referred to as 'bir act'). ..... learned single judge confirming the order of the industrial court, dismissing the complaint filed by the appellant under item 9 schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short, hereinafter referred to as 'mrtu & pupl act') on the ground that the relief claimed by the appellant could not be granted as the company was declared a sick unit and consent of the board for industrial and financial reconstruction (for short, hereinafter ..... i am, therefore, unable to accept the contention that the payment of earned wages to the workmen (it cannot be disputed that payment under settlement would be 'wages' within the meaning of section 2(rr) of the industrial disputes act) was intended to be defeated by invoking the bar under section 22(1) or to drive the workmen to run to new delhi for seeking the consent of the bifr, every time their monthly wages were required to be paid. ..... doshi then sought to submit that although the mill restarted in 1984, there was no work assigned to the badli workmen and in fact even permanent workmen were being paid idle wages. .....

Bharat Co-operative Bank (Mumbai) Ltd. and Anr. Vs. Co-operative Bank ...

Court : Mumbai

Reported in : 2005(3)BomCR713; [2006(106)FLR85]; (2005)IILLJ1010Bom; 2005(2)MhLj906

..... at the hearing of the appeal, the issue of applicability of the bombay industrial relations act, 1946 was not pressed before us in view of the decision of this court in co-operative bank employees union v. ..... except as otherwise hereinafter provided, this act shall apply to the industries to which the bombay industrial relations act, 1946, bom. ..... (j) of section 2 of the industrial disputes act, 1947, xiv of 1947, and the state government in relation to any industrial dispute concerning such industry is the appropriate government under that act; provided that, the state government may, by notification in the official gazette, direct that the provisions of this act shall cease to apply to any such industry from such date as may be specified in the notification; and from that date, the provisions of this act shall cease to apply to that industry and, thereupon, section 7 of the bombay general ..... hence, subsequent substitution of section 100 by civil procedure code (amendment) act, 1976 would not affect the incorporated provision.12. ..... 769 of 2002 under section 28 read with item 5 of schedule ii and items 3, 5, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'm.r.t.u. ..... union of india (1979)1 scc 529 where the court held that section 55 of the monopolies and restrictive trade practices act, 1969 incorporates and not merely refers to section 100 of civil procedure code. .....

Rastriya Sakhar Kamgar Union through It's General Secretary, Anandrao ...

Court : Mumbai

Reported in : 2008(3)ALLMR223; 2008(3)BomCR567; (2008)110BOMLR784; 2008(6)MhLj291

..... were pending, the registrar appointed under the bombay industrial relations act, nasik division, nasik pursuant to the application made by the respondent no ..... remedy is provided under the bombay industrial relations act. ..... therefore, the direction of the regional joint director of sugar in the impugned order dated 11.1.2007 directing holding of meeting for selection of the said two persons cannot be said to be beyond the scope of section 73bb of the said act as the said section itself provides that if there is a dispute in relation to 'such issues' which in my view would cover the objections raised by the two managing council members as well as the objection raised by the workers of the petitioner no. ..... 1 to 4 to take action under section 79 and 79a of the maharashtra co-operative societies act, 1960 for non-implementation of the provisions of section 73bb of the maharashtra co-operative societies act, 1960 against the respondent no. ..... by observing that the two representatives of the recognised union can attend the meetings of the board and they would be entitled to function on the board of directors, however, the same would be subject to the final decision in the writ petition and the apex court requested this court to dispose of the above writ petition within a period of four months from the ..... 6 union after following the procedure prescribed for the same.19. ..... 6 above named, came up for admission, before the apex court on 2.11.2007, and the apex court was pleased to dispose of the slps .....

Mahindra and Mahindra Ltd. Through Its Deputy General Manager Vs. Shri ...

Court : Mumbai

Reported in : 2007(1)ALLMR800

..... admitted position between parties that the model standing orders framed under section 35 of bombay industrial relations act govern their service conditions and industrial employment standing order act, 1946 has no application. ..... contended that there were elected representatives functioning under section 28 of bombay industrial relations act and they represented even complainants. ..... that their employer is an engineering industry which manufactures tractors and the establishment is governed by bombay industrial relations act, industrial disputes act and industrial employment standing order act, 1946. ..... conveyed it to personnel and industrial relations department which then issued appointment ..... he used to take the decision whether temporary increase can be handled by existing manpower or not and communicate it to department of personnel and industrial relations. ..... he further states that complainants nowhere pleaded that names of workers were not displayed on notice board for calling them back to work and also there was no specific plea that epp workers or wst workers were ..... complaints under section 28 of maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, (hereinafter referred to as mrtu act) for declaration that ..... in paragraph 17 of its judgment, industrial court has found that the complainants before it were doing same work which the permanent employees were doing and hence it has found that they were entitled to same wages as were being paid to regular .....