Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 98a closure of work by employer in certain circumstances illegal Page 1 of about 1 results (0.037 seconds)

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

Court : Mumbai

Reported in : [1979(39)FLR89]

..... 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. ..... the bombay industrial relations act is an act passed by the state legislature to regulate the relations of employers and employees, to make provision for settlement of industrial disputes and to provide for certain other ..... 1 claimed that the amendments were carried out in the bombay industrial relations act and the industrial disputes act to facilitate the smooth working of those courts and appointments of those posts are not required to be made in consultation with the maharashtra public service commission or with the high court of the ..... aside the order of the 1st respondent appointing 2nd and 3rd respondents as presiding officers of the labour courts at poona and sholapur respectively; and (2) for declaring that the provisions of the amended section 9 of the bombay industrial relations act and section 7 of the industrial disputes act, in so far as they authorise the appointment of assistant commissioners of labour as judges of the labour court is void and illegal in law and contrary to the provisions of article 234 of the constitution of india. ..... in the circumstances of the case, there will be no order as .....

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 : ..... as soon as, by the maharashtra act 22 of 1965 the bombay industrial relations act, 1946, was made applicable to this area, the matter would be governed only by that act and, therefore, the application of the respondent under the old central provinces act could not be entertained. ..... it was under these circumstances that the calcutta high court applied the central act to a cause of action, which was in existence and was continuing on the date the act to a cause of action, which case the cause of action had arisen under the central provinces and berar industrial disputes settlement act, 1947, and that act was applicable to it at least till it was repealed. ..... of these clauses would show that there was nothing therein to warrant the submission on behalf of the petitioner that the right, privilege, obligation or liability mentioned in clause (c) could arise, accrue or incur only on an employee or employer doing 'some kind of activity' in the shape of an application under s. ..... limitations in the two acts and the forums prescribed therein are somewhat different, but the proper way to distinguish the two sections would be by saying that certain provisions therein are variant. ..... d of the bombay act; (c) there was no mention of a strike, lockout or illegal change in s. ..... respondent 1 did not accept that his work was unsatisfactory and filed his application under .....

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

Court : Mumbai

Reported in : 2000(4)BomCR811

..... 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 ..... 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. ..... by the petitioner bank in the guise of the service rules in contravention of section 42(1) of the act does amount to an illegal change under section 46 read with section 42(1) of the act and consequently it also amounts to an unfair labour practice under item 9 of schedule ..... notice at a conspicuous place on the premises where the employees affected by the change are employed for work and at such other place as may be directed by the chief conciliator in any particular ..... act is obviously to regulate relations of employers and employees and to make provision for settlement of industrial disputes and to provide for certain ..... act is that the employees and the employers first advised and compelled to come on a negotiating table and resolve the disputes, differences or conflict between them and not to resort to any extreme step of a strike or a lockout or a closure .....

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

Court : Mumbai Aurangabad

..... falling within the definition of 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, 1968. 34. ..... person employed to do any skilled or unskilled work for hire or reward in any industry, and includes- (a) a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause (e) of clause (14); (b) a person who has been, 5[dismissed, discharged or retrenched or whose services have been terminated,] from employment on account of any dispute relating to change in respect of which a notice is given or an application made under section ..... court held that the civil judge acted without jurisdiction in entertaining the suit, ignoring the mandatory provisions of section 91 of the act and it was held that the dispute was certainly within the ambit of section 91(1)(a) in as much as it ..... industrial tribunals have the right even to vary contracts of service between the employer and the employees which jurisdiction can never be exercised by a civil court or a registrar acting under the cooperative societies act, so that the circumstance ..... industrial tribunal acted illegally in prescribing leave in excess of the number of days laid down by the delhi shops and establishments act .....

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 ..... 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. ..... i have also taken pains to mention that it was the specific case of the petitioner that the order of discharge passed on 7th of december, 1977 was illegal and void as he had been dismissed 'for patently false reasons'. ..... 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' . ..... chandranath, : (1969)iillj387sc , is of no assistance because section 22 of the bihar shops and establishments act, 1954 gave jurisdiction to the labour court to hold after itself recording evidence, that the employee 'was not guilty of any misconduct as held by the employer'. ..... the petitioner was at the relevant time working with the first respondent, hereinafter referred to as 'the respondent', as a .....

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. ..... however, in the impugned order, the learned member, industrial court, has made certain adverse observations in relation to the claim made in that application and he requested this court to set aside those ..... against 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. ..... further stated that the contention of shri valke that, he was supervising the working of machines and not of men, is without any pleading and by placing reliance upon the bombay industrial relations act, 1946 and shankar chakravarti v. ..... as 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 ..... basically, it is sought to be urged that the learned member, industrial court has made certain observations about bar of the limitation and as the industrial court has ultimately found that the employee was not workman/employee and it had no jurisdiction, those observations were not .....

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

Court : Mumbai

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

..... 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. ..... the mrtu & pulp act was enacted 'to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings, to state their rights and obligations, to confer certain power on unrecognized unions, to provide for declaring certain strikes and lockouts as illegal, to define and provide for the prevention of certain unfair labour practices and to provide for matters connected with the aforesaid purposes ..... the circumstances, this court set aside the order of the industrial court. ..... is whether in this case circumstances exist which must bring in operation the part of section 73bb pertaining to elections. ..... section 3(13) defines employee to mean any person employed to do any skilled or unskilled work for hire or reward in any industry and includes the categories of persons ..... godbole submitted that in the circumstances and having regard to the legislative mandate of ensuring true participation of workers on the managing committee of the society, this court should grant no relief to the ..... in our opinion, in the circumstances and in the view that we have taken, a direction needs to be given to the respondents to appoint the two persons who are selected by the petitionerunion on the board of directors as .....

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

..... the 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. ..... also 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. ..... an interim order was passed whereby the industrial court directing the respondents to provide regular work to the petitioners pending hearing and final disposal of the ..... in the circumstances of the case there shall be no order as to costs ..... contention that the processing department has to be closed also cannot be accepted in view of the fact that there is nothing on record to show that notice of closure is given or that the processing department, is in fact closed. ..... however, only 110 permanent employees were employed during the period of 1992 to 1993 when the complaint ..... writ 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. ..... in the present case, the petitioners have been working continuously since 1972 as badli workmen, in fact the record shows that the petitioners witness was not cross examined on .....

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

..... 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 ..... circumstances resulting in collapse which was unanticipated and beyond the control of the management, the plant has stopped functioning completely and, therefore, appropriate order be passed by the state government in exercise of their powers under section 25-o(7) and direct that the provisions of section 25-o(1) shall not apply in relation to the closure of the factory establishment of the employer ..... industrial court declared that the employer has committed unfair labour practice under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'mrtu & pulp act') and also declared that the notice dated 6-1-87 issued by the employer terminating the services of the workmen was illegal, void ab initio, inoperative and directed the employer ..... become functus officio, will amount to a premium on negligence or inaction and will work serious inconvenience or injustice to the persons who have no control over the tribunal which ..... & pulp act was enacted to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their right and obligations; to confer certain powers on .....

State of Maharashtra Vs. Labour Law Practitioners's Association

Court : Mumbai

Reported in : 1988(2)BomCR16; (1987)89BOMLR120; [1987(54)FLR732]; 1987MhLJ191

..... 1947, the bombay industrial relations act, 1946 and the maharashtra recognition of trade union and prevention of unfair labour practices act 1971.2. ..... any law for the time being in force; or (d-2) he holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than that of deputy registrar of any such industrial court or tribunal for not less than five years; or(d-3) he holds a degree in law of university established by law in any part of india and is holding or has held an office not lower in rank than that of assistant commissioner of labour ..... section 9 of the bombay industrial relations act constitutes labour court for the purpose of deciding the disputes set out in section 78 of that act. ..... amendments effected, respondents 3 and 4, assistant commissioners of labour in the state government's employ, were appointed labour court judges by the impugned notification.33. ..... that circumstance did not make them anything else but tribunals exercising the judicial power of the state though in a degree different from the ordinary courts and to an extent which was also different from that enjoyed by an ..... this phrase implied that a certain content of the judicial power of the state was vested in the tribunal and it was called upon to exercise it. ..... by courts was meant the courts of civil judicature and by tribunals those bodies of men who are appointed to decide controversies arising under certain special law. .....