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Mumbai Kamgar Sabha and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1991(1)BomCR422; [1991(63)FLR148]

..... preview theatres and newspapers establishments of a particular description---provided the workers employed therein numbered 20 or more.3. petitioner no. 1 a trade union registered under the trade unions act, 1926, claims to have on its rolls a large number of workers employed in shops, commercial establishments, small workshop and printing presses in greater ..... bombay. the notification deprives this unorganised and worst-oppressed section of the toiling masses of the basic health care and benefits available under the act. ..... of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. being an enactment of the union government, the act was made applicable in the first instance to all factories other than seasonal factories. having regard to the sheer size and diversity of .....

The Management of the Bangalore Woollen, Cotton and Silk Mills Co. Ltd ...

Court : Karnataka

Reported in : AIR1967Kant172; AIR1967Mys172; (1968)ILLJ514Kant

..... of a trade union is entrusted. therefore, the executive of a trade union has a right whenever required to raise an industrial dispute unless the constitution of the ..... position of the executive committee is roughly analogous to that of the board of directors of a limited company: 'vide trade union law and practice by h. vaster and a.h. gardner (1958 edition) at page 62. section 2(a) of the indian trade unions act. 1926 defines the term 'executive' to mean the body, by whatever name called to which the management of the affairs .....

Karnataka State Road Transport Corporation and Etc. Etc. Vs. Karnataka ...

Court : Karnataka

Reported in : AIR2005Kant205

..... in the result of the writ petitions as it being the collective bargain agent under the provisions of trade unions act of 1926 as it is the registered and recognized trade union, which has got statutory duty to protect the rights of its members/employees, contending that kcca act was enacted by the state legislature to discharge its constitutional obligations of the state by implementing the directive ..... working in the corporations and they have acquired vested fundamental and statutory rights on account of repeal of kcca act by the state legislature, the abovesaid vested rights of the employees will be adversely affected. since the petitioner federation is being the recognized trade union by the corporations as their employees are its members and, therefore, it is its statutory duty to protect .....

M/S. L and T Komatsu Ltd., Bangalore, Rep. by Its Assistant General Ma ...

Court : Karnataka

..... consideration in these proceedings, the facts in w.p. nos.28677-78/2001 are briefly stated. the first petitioner is a national trade union centre representing the interest of the working class. the second petitioner is a trade union registered under the trade unions act, 1926 and it has a membership in engineering industries and general service establishments. besides representing the organized workers, they have been assiduously engaged ..... in organizing the unorganized labour. the second petitioner-union is affiliated to the first petitioner-federation. the third and fourth petitioners are employed in .....

Bharatiya Kamgar Sena Vs. Otis Elevator Employees Union and Others

Court : Mumbai

..... of concerns owned by the same employer in any industry to be one undertaking for the purpose of that chapter; (17) "union" means a trade union of employees, which is registered under the trade unions act, 1926; section 10 - application of chapter iii (1) subject to the provisions of sub-sections (2) and (3), the ..... under the trade union act, 1926. respondent no.2 is the otis elevator company (india) limited, western region, which is one of the undertakings of m/s. otis elevator company (india) limited. 2. the petitioner has challenged an order of the industrial court declaring the first respondent-union as the recognized union under section ..... 11 of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter referred to as "the act") in respect of the second respondent's undertaking known as m/s. otis elevator .....

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

Court : Mumbai

..... of objects and reasons for incorporating section 28(1-a), which read as follows:- the indian trade unions act, 1926 provides for the registration of trade unions and in certain respects defines the law relating to registered trade unions. the act, however, does not contain any provision for deciding internal disputes in a registered trade union. these disputes, which are at present decided by civil courts take a long time to ..... this petition are as under:- 4. petitioner no.1 is a trade union registered in the year 1960 under the trade unions act, 1926 (hereinafter referred to as the said act ) respondent nos. 3 to 12 claim to be members of petitioner no.1 union and are operating rival union in the name and style of mumbai taxi union. according to the petitioners, in 2004, respondent nos. 3 to 12 .....

Maharashtra General Kamgar Union and Others Vs. Balkrishna Pen Pvt. Lt ...

Court : Mumbai

Reported in : 1987(3)BomCR425; (1989)ILLJ319Bom; 1988MhLJ832

..... sawant, j.1. this petition is directed against the order of the industrial court passed under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act'). by the impugned decision, the court has allowed the complaint filed by the employer and has declared that the strike which ..... against the background of these provisions of the act, we have to answer the two questions, viz., whether the industrial court can by itself ..... and suggestions to the same received from any person.9. schedule ii of the act lists, as its heading shows, unfair labour practices on the part of employers; whereas schedule iii lists unfair labour practices on the part of trade unions, schedule iv lists general unfair labour practices on the part of employers.10. .....

Indian Hotels and Restaurant Association Represented by Its Treasurer ...

Court : Mumbai

..... also claimed. 4. few facts which are necessary for appreciating the rival contentions are that the petitioner no.1 before us is an association registered under the trade union act, 1926 and claims that it has 2000 hotels in greater mumbai and 500 associate members outside greater mumbai and within the state of maharashtra. they are all holding licences ..... has so encroached because in his submission a service tax can be imposed by the parliament vide entry 92c in list i (union list) inserted by the constitution (eighty-eighth amendment) act, 2003. however, this amendment act has not been brought into force or effect. once it is not brought into effect, the parliament lacks competence to impose ..... while judging the validity of levy of service tax under entry 97 of the union list. it is a well settled law that the rules providing for deduction, etc. are not relevant in judging the validity of the levy under the finance act. the nomenclature of levy will not be decisive of the true character and .....

Universal Luggage Mfg. Company Ltd. Vs. General Employees Union and or ...

Court : Mumbai

Reported in : (1993)ILLJ1207Bom

..... 26, 1991, in complaint u. l. p. no. 392 of 1990, filed by respondent no. 1 union under the provisions of maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter, for the sake of brivity, referred to as 'the said act, 1971'). 2. the facts giving rise to this appeal, briefly, are as follows : (a) the ..... the above writ petition. before the learned single judge, the main contention of respondent no. 1-union was that the company had violated section 25-o of the industrial disputes act, and, therefore, item 9 of schedule iv of the said act, 1971, stood attracted. the case of the first respondent was that inasmuch as the lock-out ..... the lock-out was unauthorised and it was a counter blast to the charter of demands submitted by the union. according to the said complaint, by denying work from april 11, 1990, not only section 24(2) of the said act, 1971 stood violated, but it also violated the settlement of 1986. in the circumstances, the complaint was .....

ScIndia Steam Navigation Co. Ltd. Vs. ScIndia Employees Union and Othe ...

Court : Mumbai

Reported in : (1983)IILLJ476Bom; 1983MhLJ1058

..... complaint, therefore, came to be filed in the industrial court under s. 26 read with item 9 of schedule iv, maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. the complaint was dismissed. when that order was challenged, the division bench took the view that ex gratia payment made to the ..... subject to ceiling of wages or salary as per the bonus act.11. in the meantime, on 31st january, 1977 the union had filed a complaint before the industrial court at bombay under s. 28, maharashtra recognition of trade union and prevention of unfair labour practices act, 1971. the unfair labour practice complained of was failure ..... to implement a settlement which fell under item 9 of schedule iv of the act. this complaint was, however, withdrawn on 23rd february, 1979 and .....