Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 86h parties on whom order or decision or wage board is binding Page 1 of about 1 results (0.458 seconds)

Karbhari Bhimaji Rohamare Vs. Shanker Rao Genuji Kolhe and ors.

Court : Supreme Court of India

Reported in : AIR1975SC575; (1975)1SCC252; [1975]2SCR753

..... , the other that the election, was liable to be set aside because he was disqualified for election as he was holding an office of profit under the state government as a member of the wage board for the sugar industry constituted by the government of maharashtra under section 86b of the bombay industrial relations act, 1946. ..... parties on whom the order or decision of the wage board is binding are enumerated in section 86h ..... section 86g the order or decision of the wage board is made appealable to the industrial ..... section 86c the state government may make reference to the wage boards for decision of any industrial matter of industrial ..... section 86i provides for review of the order or decision, by the wage board ..... , the office to which it is made must be held under it, for there is no one else under whom it can be held.there is no doubt that in this case the office of the membership of the wage board should be deemed to have been held by the 1st respondent under the government of maharashtra. ..... course be attending the courts and if he discharges some duties while so attending and gets paid for it clearly he derives a profit thereby and the decision holding that he was holder of an office of profit is clearly distinguishable from the facts of this case.12. ..... the whole purport of the decision is thus whether what was received by the member was in excess of the expenditure which he would have to incur for the purpose of performing the journeys in order to discharge his official duties, the burden .....

Labour Law Practitioner's Association and Anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : [1979(39)FLR89]

..... these provisions under the bombay industrial relations act clearly establish that the labour courts would be the courts performing judicial functions and are empowered to render definitive decisions which have finality and authoritativeness so as to bind the parties appearing before them as to their rights, subject, of course, to appeal as provided in the act.13. mr. ..... it is undoubtedly true that the application of article 234 of the constitution of india was deleted from the provisions of section 9 of the bombay industrial relations act by an amendment but it cannot be lost sight of that the legislature retained the application of article 234 of the constitution to the appointment of labour courts which are constituted under the maharashtra recognition of trade unions and prevention of unfair labour practices act. mr. ..... the labour courts are constituted under the industrial disputes act, 1947 and the bombay industrial relations act, 1946 and that under the industrial disputes act, labour courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second schedule of the act and for performing such work as may be assigned to them under the act. ..... 1 as assistant commissioners of labour and were deputed on the date of the order under challenge to the bombay iron and steel labour board and the maharashtra state textile corporation limited, bombay, respectively. 3. .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : '123a. ..... 123a of the bombay industrial relations act, 1946, to show that some further activity must be resorted to by the claimant before a right can be said to be accrued, sri mor was relying on a decision in gayaprasad munnalal v. ..... as it is not inconsistent with the provisions of this act, be made, instituted, continued and availed of as if the said act had no been repealed and continues in operation : (b) any proceedings pending before the state industrial court, a district industrial court, the labour commissioner, the registrar or the wage board, conciliation proceedings, or any proceedings relating to the trial of offences punishable under the provisions of the act so repealed shall be continued and completed as if the said act has not been repealed said continued in operation ..... in order to appreciate the submissions of the learned advocates, it would be necessary to examine the provisions of the relevant sections. ..... the correctness and legality of that order are the subject-matter of challenge in the petition. 4. ..... 227 of the constitution is directed against an order of the assistant commissioner of labour, nagpur, dated 3 january, 1966, whereby the preliminary objections raised by the petitioner were overruled. 2. ..... the madhya pradesh high court was then moved by a writ petition to question the correctness of those orders. .....

Pune District Central Co-operative Bank Ltd. Vs. Bank Karmachari Sangh ...

Court : Mumbai

Reported in : 2000(4)BomCR811

..... the crucial and interesting issue to be decided by me is whether by framing separate and independent service rules de hors the certified standing orders or in addition to the certified standing orders without following the mandatory provisions under section 42(1) of the bombay industrial relations act, 1946 amounts to unfair labour practice as contemplated under item 9 of the act.2. ..... it is needless to mention that the petitioner bank is governed by the provisions of the bombay industrial relations act, 1946 and is also governed by the provisions of the maharashtra co-operative societies act, 1960.1 need not dwell on the point that both the statutes operate in separate fields and both have different object to be achieved. ..... the basic philosophy of the act is 'industrial relations' between the employers and the employees. ..... whatever changes either party wants to introduce in the industry/factory/mill or the work place they have to mutually approach each other to thrash out the problem and to bring about a desired change by entering into a legal, valid and registered agreement which would be binding on all the employers as well as the employees. ..... the said item 9 has been judicially interpreted in a number of decisions of this high court and also of the supreme court of india. .....

The Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

..... section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, ..... section (1) or (2) of section 101 or sub section (1) of section 137 or the recovery proceeding of the registrar or any officer sub ordinate to hi m or an officer of society notified by the state government, who is empowered by the registrar under sub section (j) of section 156, or any orders, decisions, awards and actions of the registrar against which an appeal under section 152 or 152 a and revision under section 154 of the act ..... financial status of the respondent-employees, i am restraining the petitioner from causing any recovery of the salaries/wages that have been paid to the respondents after placing them in category no.6, in the light of the ..... the society or a person who claims to be a member of the society; (c) a person other than a member of the society, with whom the society, has any transactions in respect of which any restrictions or regulations have been imposed, made or prescribed under sections 43, 44 or 45, and any person claiming through such person; (d) a surety of a member, past member or deceased member, or surety ..... binding between the society and the employees just in, the same manner as conditions of service laid down by contract between the parties .....

Navnath Siddhappa Koli Vs. Siddheshwar Sahakari Sakhar Karkhana Limite ...

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... 1354, the extent of the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... the revisional jurisdiction of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record of the case is before it. ..... kulkarni relating to the jurisdiction of the industrial court under section 44 of the pulp act, it would be better to dispose of another point which he has with some perseverance urged. dr. ..... kulkarni, the question as to whether the order of dismissal was justifiable or not was within the competence of the labour court to decide on the basis of the material which was placed before it by both the parties and if in exercise of that jurisdiction the labour court came to a finding, then that finding was not as enable to any interference at the hands of the industrial court under section 44 of the pulp act. ..... 22 of 1977, before the labour court at solapur under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, hereinafter referred to for brevity's sake as the 'pulp act' . ..... (3) is the applicant entitled to back wages?she answered all the issues in the affirmative in favour of the petitioner. ..... national coal board, 1961(3) w.l.r. 73. .....

Arvind Ramdas Valke Vs. Ispat Industries Ltd. and ors.

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... stated that application of bombay industrial relations act was accepted by the employee himself and the learned member, industrial court has found that it is not for the parties but for the court to find out its relevant provisions applicable and the learned industrial court has applied law and has found that the employee is not an employee as required by section 3(13) of the bombay industrial relations act. ..... upon judgment in city and industrial development corporation of maharashtra v. r.m. ..... this, shri kumar, advocate for employer, contended that the contention of the employer before the industrial court was that the employee was not a workman under section 2(s) of the industrial disputes act as also under section 3(5) of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 i.e. m.r.t.u. & p.u.l.p. ..... i find that the operative order of the industrial court is unsustainable, in these circumstances, for proceeding further in accordance with law, the ulp complaint is restored back to the file of the industrial court for taking further appropriate decision in the matter.17. ..... it is made clear that the industrial court was considering only question of status of shri valke and the observations made by it in relation to his claim for salary and wages made in exhibit 49 are not binding as that claim was not before .....

Sahakari Bank Karmachari Sangh Vs. the District Deputy Registrar, Co ...

Court : Mumbai

Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118

..... the seats so reserved shall be filled by selection made by the union or unions recognized under the bombay industrial relations act, 1946 (bom.xi of 1947) or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mah. ..... this culminated into the petitionerunion making a reference of the industrial dispute to the wage board under section 88cc of the bombay act. ..... this court further observed that the underlying philosophy of the bombay act appears to be to discourage mushrooming of unions and to encourage stable and healthy collective bargaining between the employer and the recognized collective bargaining agent for the entire industry this court further noted that it is this refrain which recurs throughout the scheme of the bombay act reflecting itself in several provisions of the bombay act, which were noticed by the supreme court in the above referred decisions. ..... section 20 of the bombay act which falls in chapter iii which provides for registration of unions states that any party to a proceeding before the registrar may appeal against the order passed by the registrar under this chapter to the industrial court. ..... it was an interim order and is not binding on all further elections. 10. ..... it is now contended by the respondents that the said order pertained to dispute as regards elections held in year 2002 for the period 2002 to 2007 and, hence, it cannot be held to be binding for all further elections. .....

Ashrafinath R. Yadav and ors. Vs. National Textile Corporation and ors ...

Court : Mumbai

Reported in : 2002(3)BomCR352; (2002)1BOMLR115; [2002(92)FLR1109]; 2002(1)MhLj487

..... respondents did not accede to the demand made by the petitioners to make them permanent, the petitioners filed an application under the provisions of bombay industrial relations act, 1946, complaining that the respondents had committed an illegal change claiming permanency. ..... that on 14th february 1995, the respondents, gave notice of change under the provisions of bombay industrial relations act for introduction of voluntary retirement scheme in some departments. ..... were superannuated and the posts have not been abolished, by following the procedure under bombay industrial relations act. ..... urges that inany event the bar under section 59 will operate and the complaint is liable to be dismissed, in view of the fact that the petitioners had actually approached the labour court under the bombay industrial relations act.7. ..... ramaswamy asks for stay of the order of this court, i see no reason to grant the request, therefore, the application for stay is rejected.all parties concerned to act on an ordinary copy of this order duly authenticated by associate of this ..... petition challenges the order of the industrial court dismissing a complaint filed by the petitioners under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... he also relied on the decision of this court in bhargav kent ..... opposes any relief being granted to the petitioners as according to him the permanent workmen are being paid idle wages by respondent no. 1. .....

Ambika Silk Mills Co. Ltd. and Another Vs. Maharashtra General Kamgar ...

Court : Mumbai

Reported in : 1998(2)ALLMR609; 1998(2)BomCR148; [1998(79)FLR1]; (1999)IIILLJ1095Bom; 1998(1)MhLj568

..... that the maharashtra general kamgar union, though is neither representative nor approved union under the bombay industrial relations act, 1946, filed a complaint of unfair labour practice under section 28 read with item 9 of schedule iv of the mrtu & pulp act against the employer company in the industrial court on ..... submissions made by the learned counsel for the parties, it appears to us that it is quite evident from the scheme of various subsections of section 25-o of the act that whenever an application for closure of an industrial unit is made by ah employer, the state government before whom such application is made is required to dispose of such application within sixty days from the date of making the applications and communicate its decision within the said period of sixty days ..... the provisions of section 29 of the mrtu & pulp act, whereby any order passed would be binding on the appellant and its members, they had a right to be heard by the industrial court before any order could be made ..... according to the complainant, the employer company has not closed legally and, therefore, the employer company be directed to pay wages and other benefits to the employees for the month of september 1986 and thereafter during the subsistence of the contract of employment and they be further restrained from selling ..... to the order on 19-12-1986 granting permission under section 25-o(7), it may be noted that on 6-1-1987 the employer company displayed a notice on the notice board about closure .....