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Section 30 – The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

 

30. POWERS OF INDUSTRIAL AND LABOUR COURTS. –

 

(1) Where a Court decides that any person named in the complaint has engaged in, or is engaging in, any unfair labour practice, it may in its order –

(a) declare that an unfair practice has been engaged in or is being engaged in by that person, and specify any other person who has engaged in, or is engaging in the unfair labour practice;

 

(b) direct all such persons to cease and desist from such unfair labour practice, and take such affirmative action (including payment of reasonable compensation to the employee or employees affected by the unfair labour practice, or reinstatement of the employee or employees with or without back wages, or the payment of reasonable compensation), as may in the opinion of the Court be necessary to effectuate the policy of the Act;

 

(c) where a recognised union has engaged in or is engaging in, any unfair

labour practice, direct that its recognition shall be cancelled or that all of any or its rights under sub-section (1) of section 20 or its right under section 23 shall be suspended.

 

(2) In any proceeding before it under this Act, the Court, may pass such interim order (including any temporary relief or restraining order) as it deems just and proper (including directions to the person to withdraw temporarily the practice complained of, which is an issue in such proceeding), pending final decision :

 

Provided that, the Court may, on an application in that behalf, review any interim order passed by it.

 

(3) For the purpose of holding an enquiry or proceeding under this Act, the Court shall have the same powers as are vested in Courts in respect of –

 

(a) proof of facts by affidavit;

 

(b) summoning and enforcing the attendance of any person, and examining him on oath;

 

(c) compelling the production of documents; and

 

(d) issuing commissions for the examination of witnesses.

 

(4) The Court shall also have powers to call upon any of the parties to

proceedings before it to furnish in writing, and in such forms as it may think proper, any information, which is considered relevant for the purpose of any proceedings before it, and the party so called upon shall thereupon furnish the information to the best of its knowledge and belief, and if so required by the Court to do so, verify the same in such manner as may be prescribed.

 

 

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The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

 

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