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
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
protect
legitimate trade union activities and to
prevent unfair practice or victimisation
appellant's counsel submitted a narrative regarding the
alleged victimisation of certain witnesses. The Enquiry
Commissioner ordered thereon that he could not enter ... upon an enquiry as to the alleged victimisation of the
witnesses. On March 12, 1951, the appellant submitted
another application requesting that immediate steps
order of detention passed against
him, was a clear case of political victimisation. He
alleged further that the order of detention, on the face ... produce the original records
in the Court at the hearing. Allegations of victimisation
on political grounds, and that the order of detention was
mala fide
protect legitimate
trade union activities and to prevent unfair practice or
victimisation ". Thus there can be no doubt that an
industrial tribunal has jurisdiction
opportunity of explaining his conduct, and no
question of mala fides or victimisation arises, it is not
for the Tribunal, in adjudicating the propriety
improper
motives or did not resort to any unfair
practice or victimisation in the matter of the
proposed discharge or dismissal of the
workman
whether
the employer was guilty of any unfair labour practice or
victimisation, and unless the Tribunal came to a conclusion
adverse to the applicant
unfair labour practice or that
it was a case of victimisation, the Court in making an
enquiry where the order of termination of employment ... prima facie, bona fide or whether the employer was guilty of
victimisation or any unfair labour practice. The Tribunal
has merely "to consider