Maharashtra act 003 of 1968 : Trade Unions and Bombay Industrial Relations (Amendment) Act, 1967

Section 1. Short title and commencement

1. Short title and commencement.-(1) This Act may be called the Trade Unions and Bombay Industrial Relations (Amendment) Act, 1967.

(2) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint in this behalf.

Section 2. Amendment of heading of Chapter III of Act XVI of 1926

2. Amendment of heading of Chapter III of Act XVI of 1926.-In Chapter III of the Trade Unions Act, 1926 in its application to the State of Maharashtra (hereinafter referred to as the principal Act) in the heading, after the words ‘Trade Unions’ the words ‘and settlement of certain disputes’ shall be added.

Section 3. Insertion of the new Section 28-1A in Chapter III of Act XVI of 1926

3. Insertion of the new Section 28-1A in Chapter III of Act XVI of 1926.-In Chapter III of the principal Act, after Section 28, the following new section shall be inserted, namely:-

"28-1A. Power of Industrial Court to decide certain disputes.-(1) Where there is a dispute as respects whether or not any person is an office-bearer or member of a registered trade union (including any dispute relating to wrongful expulsion of any such office-bearer or member) or where there is any dispute relating to the property (including the account books) of any registered trade union, any member of such registered trade union for a period of not less than six months may, with the consent of the Registrar, and in such manner as may be prescribed, refer the dispute to the Industrial Court constituted under the Bombay Industrial Relations Act, 1956 for decision.

(2) The Industrial Court shall after hearing the parties to the dispute decide the dispute; and may require an office-bearer or member of the registered trade union, to be appointed whether by election or otherwise under the supervision of such person as the Industrial Court may appoint in this behalf or removed, in accordance with the rules of the trade union:

Provided that, the Industrial Court may pending the decision of the dispute, make an interim order specifying or appointing any person or appointing a Committee of Administration for any purpose under the Act including the purpose of taking possession or control of the property in dispute and managing it for the purposes of the union pending the decision.

(3) The decision of the Industrial Court shall be final and binding on the parties, and shall not be called in question in any civil court.

(4) No civil court shall entertain any suit or other proceedings in relation to the dispute referred to the Industrial Court as aforesaid and if any suit or proceeding is pending in any such Court, the Civil Court shall, on receipt of an intimation from the Industrial Court that it is seized of the question, cease to exercise jurisdiction in respect thereof.

(5) Save as aforesaid, the Industrial Tribunal may, in deciding disputes under this section, exercise the same powers and follows the same procedure as it exercises or follows for the purpose of deciding industrial disputes under the Bombay Industrial Relations Act, 1946."

Section 4. Amendment of Section 29 of Act XVI of 1926

4. Amendment of Section 29 of Act XVI of 1926.-In Section 29 of the principal Act in sub-section (2) in clause (d) the word "and" shall be deleted, and after clause (d) the following new clause shall be inserted, namely:-

"(dd) the manner in which the dispute may be referred to the Industrial Court under Section 28-1A."

Section 5. Amendment of Section 87 of Bombay Act XI of 1947

5. Amendment of Section 87 of Bombay Act XI of 1947.-In Section 87 of the Bombay Industrial Relations Act, 1946 in clause (a) in sub-clause (x) after the word "thereunder" the words "or for under any law the time being in force" shall be added.

Also see The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (Mah. Act 1 of 1972).