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
Industrial Dispute--Promotions by management allegedly based
on mala fides and victimisation-Tribunal's jurisdiction to
set aside promotions-Tribunal whether can decide whom ... action of the management was not bona fide and was taken to
victimise the six employees in disregard of seniority. The
case of the appellant
Held, further, that the dismissal of the appellant did not
amount to victimisation
Held, also that even if the domestic enquiry was defective
provided that ... primarily responsible for preparing them. It also repelled
the charge of victimisation raised on behalf of the
appellant on account of the delay in giving
termination of her services was improper, mala fide and
an act of victimisation. The case of the appellant was that
the respondent had been appointed ... order of termination is mala fide of whether it amounts to
victimisation of the employee or an unfair labour practice
or is so capricious
union, was dismissed by
the appellant mala fide with the purpose of victimising him
for his trade union activities. The dispute centered round
the question ... been dismissed
by the appellant mala fide with the motive of victimising
him for his trade union activities. jadav was the Organising
Secretary
colourable exercise of the
power or as a result of victimisation or unfair labour
practice the tribunal had jurisdiction to interfere. Where
the termination ... capricious, arbitrary or
unnecessarily harsh that may be cogent evidence of
victimisation or unfair labour practice. In the present
case the security
Bobb's services was mala fide and intended really to victimise him for taking a leading part in the formation of the Madurai Branch ... termination of Mr. Bobb's services was a dear case of victimisation and directed his reinstatement with back wages from the date of termination
proposed to be taken was
bona fide and not due to victimisation or unfair labour
practice. We have been taken through the enquiry papers ... properly conducted. Nor is there
anything to show that the respondent was victimised or the
proposed action is the result of any unfair labour practice
limited one. Where a proper enquiry
had been held and no victimisation or unfair labour practice
had been resorted to, the Tribunal in granting permission ... case of
Har Prasad, because, according to him, Har Prasad has been
victimised by the employer for
219
his trade union activities. Har Prasad
whether the dismissal of Raghavan is
actuated by malafides, or amounts to victimisation. In
regard to the plea of victimisation, the Tribunal has
definitely found ... foisted a
561
case against the ex-worker. Regarding the allegation of
victimisation, there is no sufficient evidence in the case
that the management
