LexThe Maharashtra Industrial Relations (Validation of Certain Proceedings) Act, 1972.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1973 : Mah. X] 1
THE MAHARASHTRA INDUSTRIAL RELATIONS (VALIDATION OF CERTAIN
PROCEEDINGS) ACT, 1972
[Text as on 13th September 2024]
_______________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title.
2. Temporary amendment of section 42 and validation and disposal of proceedings instituted in
Labour Courts and in Industrial Court under certain provisions of Bom. XI of 1947.
2 The Maharashtra Industrial Relations [1973 : Mah. X
(Validation of Certain Proceedings) Act, 1972
1973 : Mah. X] The Maharashtra Industrial Relations 3
(Validation of Certain Proceedings) Act, 1972
MAHARASHTRA ACT No. X OF 19731
[THE MAHARASHTRA INDUSTRIAL RELATIONS (VALIDATION OF CERTAIN
PROCEEDINGS) ACT, 1972.]
[This Act received the assent of the President on the 9th February 1973; assent was first published in
the Maharashtra Government Gazette, Part IV, on the 20th February 1973.]
An Act to validate certain proceedings commenced before Labour Courts or the
Industrial Court under certain provisions of the Bombay Industrial Relations
Act, 1946, and to make provisions for recommencing certain proceedings.
WHEREAS, the High Court of Judicature at Bombay (Nagpur Bench), in Special Civil
Application No. 812 of 1966, decided on 12th day of April 1967, held—
“…………… for working out of the rights under paragraph D of sub -section (1) of section 78 of
the Bombay Industrial Relations Act, 1946, it was not necessary for an employee first to approach an
employer or to follow the procedure under sub -section (4) of section 42 of that Act, and its proviso of
the Act”,
and dismissed the petition with costs (this decision being hereinafter in this Act referred to as “the High
Court decision”);
AND WHEREAS, the Supreme Court of India, in Civil Appeal No. 12 of 1968, decided almost
five years later, that is on the 9th day of March 1972, has taken a contrary view, and overruled the High
Court decision (vide 1972, Vol. I Labour Law Journal, 657) (hereinafter this decision being referred to
in this Act as “the Supreme Court decision”);
AND WHEREAS, during the period commencing on the 12th day of April 1967 (being the date of
“the High Court d ecision”) and ending on the 9 th day of March 1972 (being the date of “the Supreme
Court decision”) (hereinafter in this Act referred to as “the relevant period”), in reliance on the High
Court decision, several proceedings, which were commenced (without following the procedure
prescribed by sub -section ( 4) of section 42 of the principal Act and the proviso thereto) under
paragraph D of sub-section (1) of section 78 of the Bombay Industrial Relations Act, 1946 (Bom. XI of
1947) (hereinafter in this Act referred to as the principal Act), are pending either before Courts or in
appeal before the Industrial Court;
AND WHEREAS, several such proceedings pending in the Labour Court and the Industrial Court
have been dismissed on the ground only that proceedings under paragraph D of sub -section ( 1) of
section 78 were commenced without following the procedure prescribed by sub -section (4) of section
42 of the pr incipal Act and the proviso thereto, and several such proceedings which are pending in
those Courts are likely to be dismissed on the same ground and such dismissal has resulted, and is
likely to result in undue hardship to parties instituting those procee dings in reliance on the High Court
decision;
AND WHEREAS, it is expedient that all such proceedings pending in the Labour Courts or the
Industrial Court should be deemed to be validly commenced; and where such proceedings have been
dismissed on the ground only that such proceedings were commenced without following the procedure
prescribed by sub -section (4) of section 42 of t he principal Act or the proviso thereto, provision be
made for enabling the parties to recommence such proceedings; It is hereby ena cted in the Twenty -
third Year of the Republic of India as follows:—
1. Short title. — This Act may be called the Maharashtra Industrial Relations (Validation of
Certain Proceedings) Act, 1972.
1 For Statements of Objects and Reasons, see Maharashtra Government Gazette, 1972, Part V, p. 665.
4 The Maharashtra Industrial Relations [1973 : Mah. X
(Validation of Certain Proceedings) Act, 1972
2. Temporary amendment of section 42 and validation and dispo sal of proceedings
instituted in Labour Courts and in Industrial Court under certain provisions of Bom. XI of
1947.— (1) During the relevant period, the provisions of sub -section (4) of section 42 of the principal
Act shall be deemed to be deleted; and acc ordingly, any such proceeding commenced during the
relevant period and pending at the commencement of the Mahara shtra Industrial Relations (Validation
of Certain Proceedings) Act, 1972 (Mah. X of 1973), before any Labour Court or before the Industrial
Court in appeal, shall be and shall be deemed to have been duly and validly commenced befor e such
Labour Court, or, as the case may be, maintained before the Industrial Court, and no such proceeding
or appeal shall be dismissed or set aside on the ground only that proceedings under paragraph D of
sub-section (1) of section 78 of the principal Act were commenced without following the procedure
prescribed by sub-section (4) of section 42 of the principal Act, and the proviso thereto.
(2) Where any such proceedin gs have, before the commencement of this Act, been dismissed by
any Labour Court or the Industrial Court on the ground only that proceedings under paragraph D of
sub-section (1) of section 78 of the principal Act were commenced without following the procedure
prescribed by sub -section ( 4) of section 42 of the principal Act and the proviso thereto, such
proceedings may be restored to the file of the Labour Court or the Industrial Court on an application
made therefor within a period of six months from the commencement of this Act, and be decided as if
the proviso to sub -section (4) of section 42 of the principal Act, has been deleted during the relevant
period.