Court : Mumbai
Reported in : [1982(44)FLR286]
..... clearly indicates that words 'skilled and unskilled' which are of wider import, are used in generic sense so as to include all types of skilled and unskilled employees and the legislature deleted the words 'manual and clerical' to widen the scope of the definition, and also because they are already included in the generic words ..... part of the definition is based on the principles of 'dominance' and even if said principle is applied, the legislature only wanted to include within the import of the definition 'employees' who are doing some sort of manual work but are primarily engaged in the work referred to in the second part of the definition persons doing exclusively clerical, managerial, administrative, ..... 42 whether before or after his dismissal or discharge''.after the amendment by amending act lxiii of 1953 the definition reads as under;'employee means any 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 ..... the recognised union, it is stated that the representative of the recognised union tried to contact the employees in the mills and also during the course of proceedings but since the employees concerned were demanding recognition to rival union they did not co-operate with the recognised union. ..... of work by the clerks at the head office, but he denied, as not known, that the stoppage of work is in sympathy to the employees from the head office. .....
Tag this Judgment!Court : Mumbai
Reported in : [1982(45)FLR295]; (1983)ILLJ367Bom
..... 's contentions can be summarised this : firstly, it substitutes the 'textile dearness allowance formula,' which aims at neutralising the effects of rising costs also by linking it with the cost of living index and followed (1) by the company's head office and its employees at different units, (2) in all the similar industries in the bombay region as indicated in exhs. ..... 11 cannot preclude the workmen from claiming continuance of dearness allowance for the employees ins the third and fourth slabs even for the two year period of the agreement and pending litigation must be deemed to have been saved to that extent, though it is not so saved for the company. ..... killick and allied companies employees' union : (1975)iillj53sc . ..... therein till the parties proceed to take necessary steps to discontinue its operation and it is then that the parties get on opportunity to press their claims and contentions either at the negotiating table or before the conciliation officer or before the tribunal. .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR161; 1982MhLJ617
..... conciliation, negotiation and settlement of the industrial dispute is in interest of both and if there is only one union having the majority of the employees as its members, then only because the said union does not have the label or stamp of a recognised union, the employer cannot refuse to negotiate with it. ..... according to them they are getting the work done through their executive officers and the employees who are not on strike and in law they are entitled to do so. ..... according to them they have been negotiating with the union with a view to settle the outstanding demands of the employees, but the negotiations have failed because of the complainant union's attitude and as they wanted the respondent company to sign on a dotted line and accept the settlement on their own terms. ..... the enumeration given in the schedule is merely illustrative and not exhaustive and, therefore, refusal to bargain collectively in good faith with the union of which majority of employees are members amounts to unfair labour practice within the meaning of the said item of schedule ii. ..... it is no doubt true that in the present petition it is alleged that the petitioner union is the only union in the field, so far as the employees in the head office are concerned. ..... the first unfair labour practice alleged is that the petitioner union which is representing majority of the workmen in the head office of the first respondent company had started negotiations with the respondents on the charter of demands. .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas675(Bom)
..... by the company, be served on the company at its registered office, or, if there is no registered office, at its principal or last known principal place of business, by leaving a copy thereof with an officer or employee of the company and in case no such person is available, in such manner, as the judge or registrar may direct or by sending a copy thereof by prepaid registered post addressed to the company at its registered office, or if there is no registered office, at its principal or last known principal place of business, or ..... means in the high court, the registrar of the high court, and includes the prothonotary, master and assistant master and such other officer as may be authorised by the chief justice to perform all or any of the duties assigned to the registrar under these rules, and in the district court, such officer of that court as may by authorised by the high court to perform all or any of the duties assigned to the registrar ..... a company, it shall be accompanied by a notice of the petition in the prescribed form together with a copy of the petition for service on the company and an envelope addressed to the company at its registered office or its principal place of business and sufficiently stamped for being sent by registered post for acknowledgment. ..... therefore, the prothonotary, master and assistant master or such other officer as may be authorised by the chief justice to perform all or any of the duties of the registrar under these rules is the person who is .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom131; (1983)85BOMLR77; 1983MhLJ579
..... 3 itself is working in india and is officers or employees will also be in india. ..... evidence both of the appellant and the respondent is in this country; the contract as a whole country: the claim as a whole arose in this country: the appellant is a company incorporated in this country and the respondent is having its office in this country: and that the respondent is not motivated by any principle to have the decision of the foreign arbitral tribunal at paris but the principal object of the respondent is merely to make it more difficult, if not impossible .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR155; (1983)85BOMLR203; [1984]56CompCas329(Bom); [1984]150ITR12a(Bom); 1983MhLJ529
..... sub-section (2) of the said section further lays down that the court trying the offence may also order such officer or employee to deliver up or refund within the time to be fixed by the court, any such property wrongfully obtained or wrongly withheld or knowingly misapplied, or in default to suffers imprisonment for a term which may extend to two ..... sub-section (2) of the said section further directs the court trying the offence to pass and order directing such officer or employee to deliver up or refund, within the time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly ..... although there is an order of eviction from the property within the time to be fixed by the court and an officer or employee may not by the order of the court, in such eventualitythe court can pass an order of imprisonment for a term of two ..... is the wrongful withholding of the property of a company by an officer or employee by an officer or employee of the company. ..... the section lays down that if any officer or employee of a company wrongfully obtains possession, wrongfully withholds, it or knowingly apples it to purposes other than those expressed or directed in the articles and authorised by the said act, such a person shall, on the complaint of the company or any creditor ..... an officer or employee of a company may not vacate the premises as directed by the court and may undergo imprisonment for a period of two years, allowing his family members to enjoy the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom448
..... petitioner 3, is a resident at worli and has to attend the factory which is located in trans thana creek industrial area on thana belapur road, and petitioner 4 is a company, whose head office is in bombay but its factory is on thana belapur road and various officers and employees of the company have to travel between the factory and bombay city quite often.3. ..... is no operation of the undertaking prior to 18th may, 1983, on a mere production of the receipt evidencing payment of the toll, the person so producing the receipt will get the refund of the amount stated in the receipt at the office of the executive engineer at chembur during office hours. ..... returning officer, : [1974]1scr822 . .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR747; [1984(48)FLR322]; (1984)ILLJ448Bom
..... does not include any such person :(i) who is subject to the army act, 1950, or the air force act, 1950, or the navy (discipline) act, 1934; or(ii) who is employed in the police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the ..... 16(1)(f) which reads as under :'the continuance in the acquiring company of the services of all officers and other employees of the indian insurance company which has ceased to exist by reason of the scheme, on the same terms and conditions which they were getting or, as the case may be, ..... was urged that the decision of the supreme court cannot be made use of while construing the definition of 'employee' under the act as there are distinct changes in the contents of the expression 'employee' and the legislature has advisedly added the word' semi-skilled' and have inserted commas between the words ' ..... of the supreme court in case of burmah shell referred to hereinabove lays down that in determining whether the employees are covered by the definition of 'workman' one has to see what is the main or substantial work ..... this departure is indicative of the fact that the legislature desired to widen the ambit of the expression 'employee' than that of the expression 'workman' and desired to make available the benefits of the legislation to .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(2)BomCR30
..... appearance before the industrial court : a party to any proceeding, an employer, an employee a trade union of the members employed in any undertaking or the owner of the undertaking or any other person impleaded to a proceeding may appear in person or may be represented by (1) a duly authorised advocate, (2) an office-bearer of the union of which the employee is a member of (3) a member of a recognised union duly authorised by it in writing or (4) an officer who is a whole time employee of the employer, authorised by such employer. ..... an office bearer of the union of which the employee is a member or member of the recognised union duly authorised by the union in writing is also entitled to represent the employee whereas an officer who is a whole time employee of the employers and is duly authorised by such employer can represent the employer. ..... the primary characteristics which distinguish the legal profession from business are : (1) a duty of public service in which one may attain the highest eminence without making much money, (2) a relation as 'an officer of court' to administration of justice involving thorough sincerity, integrity and reliability, (3) a relation to clients in the highest degree fiduciary, and (4) a relation to colleagues at the bar characterised by candour, fairness and unwillingness to resort to current business methods of advertising .....
Tag this Judgment!Court : Mumbai
Reported in : (1984)86BOMLR52
..... recognition granted to the petitioners was on account of mistake, misrepresentation or fraud and that the petitioners were not conducting themselves bona fide in the interest of the employees, but in the interests of the employers to the prejudice of the employees and further that the registration of the petitioners under the trade union act, 1926 was cancelled and as such the recognition granted to them should be cancelled under ..... years since the recognition was granted to the petitioners, is one kunjupanikar pushpangathan who was one of the office bearers of the petitioners and after he resigned from the petitioners somewhere in the middle of 1980 another ..... 12 and 13 of the application it was shown that the applicant-union had not on its roll members-employees employed in any undertaking other than the undertaking for which the application was filed and that the applicant-union was a recognised union for no other undertaking and that ..... referred to as 'the petitioner') under section 13(l)(i) of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act') at the instance of automobile products of india employees' union, having their office at automobile products of india ltd. ..... 3 of 1977 in respect of some information supplied to the industrial court and especially with regard to the office bearers as stated hereinabove but one should not forget that if such errors alone are taken into considerations, substantial .....
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