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[Cites 0, Cited by 0] [Section 78] [Entire Act]

State of Maharashtra - Subsection

Section 78(1) in The Maharashtra Industrial Relations Act, 1946

(1)Labour Court shall have power to—A. decide—
(a)disputes regarding—
(i)the propriety or legality of an order passed by an employer acting or purporting to act under the standing order;
(ii)the application and interpretation of standing orders;
(iii)any change made by an employer or desired by an employee in respect of an industrial matter specified in Schedule III except item (5) thereof and matters arising out of such change;
(b)industrial disputes—
(i)referred to it under section 71 or 72;
(ii)in respect of which it is appointed as the arbitrator by a submission;
(c)whether a strike, lock-out, closure, stoppage or any change is illegal under this Act;
B. try offences punishable under this Act and where the payment of compensation on conviction for an offence is provided for, determine the compensation and order its payment;C. require any employer to—
(a)withdraw any change which is held by it to be illegal or withdraw temporarily and change the legality of which is a matter of issue in any proceeding pending final decision, or
(b)carry out any change provided such change is a matter in issue in any proceeding before it under this Act;
D. require an employer, where it finds that the order of dismissal, discharge, removal, retrenchment, termination of service or suspension of an employee made by the employer,—
(i)was for fault or misconduct committed by the employee which came to the notice of the employer more than six months prior to the date of such order;
(ii)was in contravention of any of the provisions of any law, or of any standing order in force applicable to such employee, or
(iii)was otherwise improper or illegal—
(a)to reinstate the employee forthwith or by a date specified by it in this behalf and pay him wages for the period beginning on the date of such order of dismissal, discharge, removal, retrenchment, termination of service or suspension, as the case may be, and ending on the date on which the Labour Court orders his reinstatement or on the date of his reinstatement, whichever is later, or
(b)to pay to the employee in addition to wages (being wages for the period commencing on the date of his dismissal, discharge, removal, retrenchment or termination of service and ending on the date on which the Labour Court orders such payment), such sum not exceeding four thousand rupees by way of compensation, regard being had to loss of employment and possibility of getting suitable employment thereafter.