Bombay Industrial Relations Act, 1946

The Maharashtra Girni Kamgar Union (appellant) sought cancellation of the registration of respondent No.4 union as a representative union under Section 15(b)(ii) of the Bombay Industrial Relations Act, 1946, alleging that its membership fell below the 25% statutory minimum for a continuous three‑month period. The dispu…

The Borosil Glass Works Ltd. Employees' Union, a registered trade union, rejected the joint membership application of D.D. Bambode and others because the applications did not follow the union's procedure. Bambode filed a complaint under Section 28(1A) of the Trade Unions Act, 1926, seeking a consent certificate, but th…

The appellants, a workers' union, challenged a complaint filed under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, arguing that the employer‑employee relationship with the principal employer was disputed and should be decided under the Industrial Disputes Act, 1947. Th…

The Government of Maharashtra issued a notification under section 13 of the Maharashtra Workmen's Minimum House‑Rent Allowance Act, 1983, exempting factories in certain zones from the Act's house‑rent allowance provisions for workers whose wages exceeded specified ceilings, thereby reducing the allowance below the stat…

The employees of Garden Silk Mills were transferred from the Crimping Department to the Twisting Department and claimed that the transfer constituted a change under items 1 and 2 of Schedule II of the Bombay Industrial Relations Act, 1946, requiring notice under Section 42(1). The employer argued that the transfer was …

New Sharrock Mills terminated Badli workman Maheshbhai T. Rao after a departmental inquiry found him guilty of serious misconduct for abusing a senior officer. Rao challenged the discharge before the Labour Court under Section 78 of the Bombay Industrial Relations Act, 1946, seeking reinstatement and back wages. The La…

Cipla Ltd employed cleaning staff through a contractor and routinely terminated them after eleven months to avoid granting permanent status. The Maharashtra General Kamgar Union filed a complaint under Section 28 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, alleging unfair…

The Rashtriya Mill Mazdoor Sangh filed four references under the Bombay Industrial Relations Act seeking bonus for workmen of Model Mills, Nagpur for the years 1964‑68, alleging the employer was liable under the Payment of Bonus Act, 1965. The employer contended that a notified order under Section 18A of the Industries…

The Supreme Court examined the meaning of "unprotected worker" under Section 2(11) of the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. The petitioners argued that the term should be limited to casual workers not covered by other labour statutes, relying on earlie…

Ram Naresh Tripathi, a workman, was charge‑sheeted for misconduct and sought to be represented at his domestic enquiry by Talraja, an office‑bearer of a Mazdoor Union to which he belonged. The enquiry officer refused, stating that Talraja was not a member of a recognised or unrecognised union operating in the company a…

The predecessor of Hindustan Lever Ltd. served chargesheets on nine workmen who then filed complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, alleging that the employer was engaging in unfair labour practices by initiating disciplinary proceedings that could lead…

The Association of Engineering Workers filed a complaint under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, alleging that Hindalco Industries treated its canteen staff as contract workers to avoid granting permanency and benefits. The Industri…

The respondent, a peon employed since 1974, was dismissed in 1984 for multiple instances of misconduct including unauthorized absences, late attendance, leaving the premises without permission, and falsifying the muster roll. He sought reinstatement with continuity of service and full back wages before the Labour Court…

The appellant, Savita Chemicals Ltd., sought a declaration that a strike by the Dyes and Chemical Workers Union was illegal under Sections 24(1)(a) and 24(1)(i) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The union had issued a strike notice during the subsistence o…

The appellant, a workman of Laxmi Vishnu Textile Mills, challenged a tripartite settlement and the sale of the mill’s assets to a purchaser, alleging that the settlement was illegal, that the sale violated a BIFR order under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), and that the workers’ dues…

The Labour Law Practitioners' Association challenged a Maharashtra Government notification appointing two Assistant Commissioners of Labour as judges of Labour Courts, alleging violation of Article 234 of the Constitution. The Bombay High Court set aside the notification, holding that Labour Courts are courts and their…

The Gujarat Government appointed Shri N.A. Acharya as President of the Industrial Court by nomination, invoking draft recruitment rules prepared by the High Court. The Gujarat Kishan Mazdoor Panchayat challenged the appointment, arguing that Section 10(2) of the Bombay Industrial Relations Act, 1946 required the Presid…

The Tata Memorial Hospital Workers Union, a trade union registered under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, sought to maintain its recognition against a rival workers' association. The rival argued that the Tata Memorial Centre (TMC) was under the Central Go…

The appellants, Raymond Ltd. and another, filed complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, claiming they were employees of the respondent company, which denied any direct employer‑employee relationship, asserting the complainants were engaged throug…

The appellant, Sharimk Uttarsah Sabha, a trade union, sought to be impleaded in an Industrial Court proceeding where Raymond Woolen Mills Ltd. had complained of unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The Industrial Court had restrai…

The case concerned two plant operators (respondents 3 and 4) who were dismissed for sleeping on duty while the machine was left running. The Labour Court held that the dismissal was shockingly disproportionate and ordered reinstatement with back wages. The appellant appealed, arguing that Clause (g) of Item 1 of Schedu…

Suresh, a clerk appointed in 1974, challenged the seniority list and the promotion of a Development Officer (Respondent No.2) to the post of Senior Manager in Yeotmal District Central Co‑op Bank. The dispute was first heard before the Cooperative Court, which held the promotion illegal, but the Cooperative Appellate Co…

The mill of Prakash Cotton Mills was forced to shut from 24 March to 10 June 1964 because essential raw materials were detained by excise authorities. The Rashtriya Mazdoor Sangh sought closure compensation for regular employees and Badli (casual) workers. The Labour Court ordered compensation at 50% of wages; the Indu…