under:
"6. What is victimisation is again a multi-
headed monster to tackle with. The word
'victimisation' is not defined ... understand, it has not yet
been brought into force. The concept of
victimisation is to a large extent brought out under
Section 28K of that
under:
"6. What is victimisation is again a multi-
headed monster to tackle with. The word
'victimisation' is not defined ... understand, it has not yet
been brought into force. The concept of
victimisation is to a large extent brought out under
Section 28K of that
term "victimisation" is not defined by the
present Act. Sub-section (18) of Section 3 of the Act
which is the definition section ... Sections 3(1)
and 3(2) of the Act. The term "victimisation" is
defined neither by the Central Act nor by the Bombay
further dealing with the term victimization has held as
under;
What is victimisation is again a multi-
headed monster to tackle with. The word ... victimisation' is not defined in the Industrial
Disputes Act . An attempt to describe 'unfair
practices by employers' by a deeming
definition
proved. That in
view of the proved misconduct, the
allegation of the victimisation
becomes insignificant.
5
(iii) There is no plea regarding
victimisation ... material on
record in the absence of plea.
(iv) The aspect regarding
victimisation cannot be considered in
proceedings under Section
respect of the allegation
that the order of dismissal amounts to victimisation, unfair labour
5/26
http://www.judis ... practice or otherwise. Thus, the findings arrived by the 1st respondent
regarding victimisation, unfair labour practice are not based on any
materials or based
Management in dismissing the workman is a clear case of victimisation.
ii) the dismissal of the workman is opposed to the judgment of the Apex ... Management, ignoring the findings as to victimisation and disproportionality of punishment.
7 The facts leading to the filing of the writ petitions are as follows
Patel that the
Labour Court has committed an error in considering the victimisation on
the ground that correct principle is not followed and the learned ... Single
Judge has also dismissed the writ petition on the ground of
victimisation.
12 Mr Patel has also relied upon the decision of the Apex
written explanation dated 2nd July, 1997, the petitioner made an allegation of victimisation and vindictiveness for having issued the said charge-sheet deliberately ... dismissal is harsh, shockingly disproportionate and amounts to mala fide act and victimisation as stated hereinabove.
6. It further appears that the petitioner filed
para-14 are reproduced as under :
"14. The term "victimisation" is not defined by the present Act. Sub-section [18] of Section ... Section 3 [1] and 3[2] of the Act. The term "victimisation " is defined neither by the Central Act nor by the Bombay
