based on legal evidence?
4) Whether there is any case of victimisation or unfair
labour practice against the opposite party?
5) Relief ... held that instant is a clear case of
unfair labour practice and victimisation. The learned senior counsel relied
on the decision of the Apex Court
children who have been
sexually abused are not subjected to secondary victimisation in
the course of the justice delivery process. Similarly, unlike other
penal statutes ... children who have been sexually abused are not subjected to
secondary victimisation in the course of the justice delivery
process, the Apex Court issued directions
Schedule of the Act gets squarely attracted as
it would amount to victimisation on the part of the
management which can be said to have ... labour practices on the
part of the employers, the basic concept of
victimisation as laid down by this Court in Hind
Construction's case
Karan vs State Nct Of Delhi on 27 November, 2020
Equivalent citations: AIRONLINE 2020 DEL
conclusion that the said policy
was not actuated by any motive of victimisation or unfair
labour practice and therefore was bona fide, any
consideration ... decision so long as it is not actuated by any consideration
for victimisation or any such unfair labour practice.
15. The finding that the policy
giving details and the happenings in the Forensic Department have
been victimised and threatened by the higher officials as they are afraid that
they will ... imagined. Therefore, there is every possibility or likelihood of these officials
being victimised by unnecessary departmental proceedings and therefore, the
respondents are warned
giving details and the happenings in the Forensic Department have
been victimised and threatened by the higher officials as they are afraid that
they will ... imagined. Therefore, there is every possibility or likelihood of these officials
being victimised by unnecessary departmental proceedings and therefore, the
respondents are warned
following :
“48. Considered. In order to effectively decide on
the issue of victimisation, tis court is inclined to
have a cursory reading of the details ... particular union and only for union
activities, he has been victimised by the
management. Unless these prima facie records,
this court cannot accept the defence
Tribunal finds that dismissal of an employee is
by way of victimisation or unfair labour practice, it will then
have complete jurisdiction to interfere with ... Tribunal holds that the
offence is established, no question of victimisation could arise.
11. In Lalla Ram (supra), the Apex Court after referring
petitioner would also point out that
the allegations of rape, cheating and victimisation of Scheduled Caste
member, etc. are all belated cases and that Annexure ... then it appears that there was no allegation of cheating or
victimisation as a Scheduled Caste or of forcible sexual intercourse or
consent for intercourse