limited one. Where a proper enquiry
had been held and no victimisation or unfair labour practice
had been
808
resorted to, the Tribunal in granting ... concerted and
deliberate plan adopted by the management of the Bank for
victimising the President, the Vice-President, the General
Secretary and Secretaries and Treasurer
CITATOR INFO :
D 1984 SC 505 (19)
ACT:
Industrial Disputes Act, 1947 -Victimisation-Tests for
determining-Labour Tribunal-Jurisdiction u/s. 33 .
HEADNOTE:
Ordinarily ... punishment is established,
such action will be rid of the taint of victimisation.
[283F]
Victimisation may partake of various types, as for
example, pressurising
management-Powers of the Tribunal-Whether unconscionable
punishment would amount to victimisation- Industrial Disputes
Act, 1947 (14 of 1947), ss. 10, 33(2) (b).
HEADNOTE ... management was proper but it further held
that the dismissal amounted to victimisation.
The main question in the appeal was whether there was
victimisation.
Hold
Management had acted in good faith, whether there was victimisation or unfair labour practice, or whether the Management was guilty of any basic error ... Machine, had not been established by any reliable evidence.
(5) There was victimisation, because the dismissed clerks had either been the officers of the Union
there is want of good faith, or
(iii) there is victimisation, or
(iv) there is unfair labour practice, or
(v) the management is guilty ... workmen, on the
ground that it was a case of victimisation.
(c) The Supreme Court unequivocally spelt out the
parameters within which jurisdiction could
that the order of dismissal was the result of victimisation. In the written statement filed on behalf of the appellant it was prayed that ... action of the management was mala fide and that he was victimised as he had refused to attend, to the private work of officers
dismissals were on untrue, illegal and insufficient grounds and were meant to victimise the workers.
3. The Court has found1 that there ... would quote it:
"Sometimes punishment itself will give an indication of victimisation. Further there is evidence in this case to show that
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
Employees' Union contended that Asari was dismissed as a result of victimisation and unfair labour practice. The 2nd respondent passed an award ... dismissal was the result of unfair labour practice and would amount to victimisation ?
The 2nd respondent in his award said that there was no proper
institution depends
upon the employment of workmen who are not subjected to
victimisation or any other kind of maltreatment. The
conditions of service of workmen ... where there is want of good faith; (b) when there is
victimisation or unfair labour practice: (c) when the
management has been guilty
