victimizing
the workman, which paragraph is hereunder extracted:
"13. The term “victimisation” is not defined by the present
Act. Sub- 9 section ... definitions Sections 3(1) and 3(2) of the Act.
The term “victimisation” is defined neither by the Central
Act nor by the Bombay
Again on 08.02.2011, he made a further representation that he is being
victimised by the management, in which, he has specifically asked for a
copy ... Labour Court considered the plea of the workman
that the management has victimised him for his alleged involvement in trade
union activities and concluded that
more than 20 years of service, the Management
had only tried to victimise the petitioner by excluding the period of leave on
loss ... Labour commissioner to see whether the punishment was an
action of victimisation or not. The Labour Court has returned the finding that
when an employee
mischief has been done in
the absence of the petitioner only to victimise him. Similarly, there was no such
incident of gathering the workmen ... that the charges are false and the entire action was only to victimise
him since he is the vice president of the trade union
since the petitioner did not heed to the said threat, he was victimised and
suddenly, an order was passed on 09.10.2008 transferring him to Triplicane ... workman that the transfer is nothing, but non-employment by way of
victimisation and there was neither any reason nor any power for the
management
case against the workman and that it was not due to any
victimisation, while answering point No.3, it held that the amount ... that is required for grant of approval ensuring that there is no
victimisation.
8. As far as the one month wage is concerned, the workman
Dr.K.Thamizharasan vs The Secretary To Government Of Tamil ... on 10 July, 2024
Author
Dr.K.Thamizharasan vs The Secretary To Government Of Tamil ... on 10 July, 2024
Author
India.
18. The learned Counsel would submit that the plea of victimisation
raised by the workman is absolutely unfounded. The charge memorandum
issued on specific ... misconduct is antithetic to the allegation of victimisation.
This apart, there is nothing else on record to even suggest any allegation as
against the management
Therefore, if ordinary workman, with
mala fide intention or by way of victimisation for the trade union
activities transferred to such far off places, that ... story if the transfer is made
by way of mala fide or victimisation. That is only the abuse of provision.
An argument that there will
