Court : Mumbai
Reported in : (1991)IILLJ203Bom
..... labour court held the strike to be illegal on account of contravention of section 24(1)(a) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ('p.u.l.p. act' for short). after these proceedings were over, the respondent no. 2 came to be charge-sheeted on account of illegal ..... -outs is covered by chapter v of the p.u.l.p. act. section 24 defines illegal strikes and lock-outs for the purposes of the act and the preamble makes it clear that the act is to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings, to state their rights and obligations ..... ; to confer certain powers on unrecognised unions; to provide for declaring certain strikes and lock-outs .....
Tag this Judgment!Court : Mumbai
Reported in : [1982]135ITR756(Bom); (1984)ILLJ76Bom
..... alleging unfair labour practices under items 1, 2, 5 and 6, schedule iii of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'm.r.t.u. & p.u.l.p. act'). the industrial court passed an ad-interim order on the same day restraining the workmen from indulging into unfair ..... shramik sabha' in the year 1978 and the union had entered into a settlement dated january 18, 1978 with the employer under s. 18(1) read with s. 2(p) ..... bombay public trust act, 1950. the petitioners are running a well equipped and reputed hospital in bombay and are also running a research centre in the hospital premises.2. the petitioners had employed about 900 workers in the hospital and the research centre in the year 1979. the workers were members of a trade union by name 'maharashtra .....
Tag this Judgment!Court : Mumbai
Reported in : [1991(62)FLR174]; (1992)ILLJ161Bom
..... that the respondents had committed unfair labour practice within the meaning of item 6 of schedule-iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act (u.l.p. act for the purpose of brevity). this is indeed opposed by the respondent-corporation and it has been contended that the directions ..... it would be found that they provide for the category of workers, which include permanent workers, they also provide for the payment of wages, the increments, the acting allowance, the leave to which an employee is entitled, also half pay leave, extraordinary leave without pay, casual leave, special casual leave, quarantine leave, maternity benefit ..... permanent they are impliedly entitled to difference. however, this argument ignores the provisions of section 30, sub-section (1) sub-clause (b) of the pulp act. now the directions have to be specific on the question whether the employee is entitled to the salary with or without back-wages. now if these words .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)ILLJ363Bom; 1985MhLJ709
..... order1. the petitioner challenges in this petition the orders of the courts below passed under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the act').2. the petitioner was employed as a conductor in the services of the respondent no. 2 maharashtra state road transport corporation ..... one month's notice, indicating reasons for retrenchment as well as payment of retrenchment compensation as per s. 25-f(b) of the industrial disputes act have to be followed irrespective of the actual contents of the provisions relating to termination of service on the ordinary contract of employment.9. the learned ..... superimpose or superadd certain obligations upon the employer in respect of his contract of employment statutory or otherwise with the workmen to who the industrial disputes act applies. the effect of the provisions of s. 25-f would be that irrespective of contract of employment the mandatory requirements of s. 25-f .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR349; (1991)93BOMLR360
..... the port, the central government shall obtain the opinion of the trade unions, if any, composed of persons employed in the port and registered under the trade unions act, 1926. it is in these circumstances that the petitioner's union and the respondent no. 4's union have interest in their representatives being on the board of trustees.4 ..... . chapter ii of the act deals with the board of trustees and committees thereof. it ..... appointing any person to represent the labour employed in the port, the central government must necessarily consult the trade unions, if any, composed of persons employed in the port and duly registered under the trade unions act. lastly, it also specifies that the number of representatives of the labour on the board of trustees shall .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(95)FLR1014]; (2002)IIILLJ810Bom
..... is a trade union registered under the trade unions act, 1926 and also registered as a representative and approved union under the provisions of the bombay industrial relations act, 1946 for the co-operative banking industry in the local area of latur district. the respondent no. 2 union filed an application before the registrar under. the b.i.r. act on february ..... raised therein as preliminary issues and to proceed with the enquiry only thereafter, as contemplated under rule 28-a framed under the act. it was insisted by the petitioner union that the aforesaid issues should be decided at the first instance and then only the enquiry should proceed. according to shri dharap, ..... order of the industrial court that they have not decided preliminary issue raised by his clients that the application filed by the respondent union under sections 16 and 23 of the act was not maintainable at all. according to the learned advocate, unless this issue of maintainability of the application was decided by .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(2)BomCR18; (1986)ILLJ370Bom; 1985MhLJ318
dharmadhikari, j.1. petitioner no. 1 is a trade union registered under the trade unions act, 1926. the union has as its members agricultural workers employed in the district of ahmednagar. petitioners nos. 2 and 3 are agricultural labourers in shrirampur tahsil ..... of ahmednagar district and they work on employment guarantee scheme works since last many years. in this petition, the petitioners have mainly challenged the provisions of s. 7(2)(vii) of the maharashtra employment guarantee act ..... also play an important and vital role. they are not only demand shops but are instruments of social change. we hope that the trade unions, like the petitioner no. 1 will also act as participants and help the authorities implementing this welfare organisation.21. we are told that all the 242 workers were eligible to get .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR740
..... reasonable. it is, however, also observed in the said judgment that : 'there can be many splinter groups each forming separate trade union. under sec. 4 of the trade unions act, 1926 any seven or more members of a trade union can get the trade union registered under that act. if every trade union having few members is to go on raising a dispute again and again, the very purpose of settlement is defeated ..... . once, there is a representative union, which in the present case, is the labour union, it is difficult to see the role of the workers union. if there are number of trade unions registered under the trade unions act, 1926 not entitled to be registered as representative unions and if they raise disputes, industrial peace would be a far cry'.it must .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798
..... basis during the shift. the caste tribe parivahan karmchari sanghatana (for the sake of brevity, hereinafter referred to as 'the union'.) is a registered union under the trade unions act and was functioning in the corporation. the said union had filed complaint (ulp) no. 542 of 1991 and complaint (ulp) no. 574 of 1991 before the member industrial ..... labour practices other than those specified by items 2 & 6 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as the 'mrtu & pulp act'.the division bench in paragraph 33 has observed that:'having given our fullest consideration to this submission, we are ..... the unfair labour practice under item nos. 5, 6, 9 & 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the said act'.). complaint (ulp) nos. 542 and 574 of 1991 were heard by the member, industrial court and by a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC160; [1961(2)FLR212]; (1959)IILLJ666SC; [1960]1SCR806
..... by mr. justice brandeis has been subsequently treated as an authoritative exposition of the problem of trade unionism and the history of its growth and development. 54. fortunately, as the indian trade unions act 1926, (16 of 1926), the industrial employment (standing orders) act 1946 (20 of 1946), and the industrial disputes act 1947 (14 of 1947) show, our legislature has very wisely benefited by the experiences of other ..... be constructively responsible and that is plainly unreasonable. in this connection he also referred us to sections 17, 18 and 19 of the indian trade unions act 1926 (16 of 1926). we have indicated this argument at this place by anticipation. in fact this argument has been raised by the employees in their appeal but we thought it would be convenient .....
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