Tribunal
will interfere only when there is want of good
faith, victimisation, unfair labour practice,
etc. on the part of the management.
The International Labour ... punishment
imposed is grossly out of proportion, so as to suggest
victimisation or unfair labour practices. This was the
position vis-a-vis the management
connection of these complainants was that they were
victimised and the appellant-management had committed
diverse unfair practices as contemplated under Clauses ... misconduct alleged and proved
would itself amount to unfair labour practice or
victimisation as held by this Court in the case of Hind
Construction
employers
1. To discharge or dismiss employees-
(a) by way of victimisation ;
(b) not in good faith, but in
colourable exercise of the employer ... operates. If an employer
discharges or dismisses an employee by way of victimisation
it would be a complete unfair labour practice on his part
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
M/S. Lokmat Newspapers Pvt. Ltd vs Shankarprasad on 19 July, 1999
Equivalent citations: AIR
reference of the dispute, rejected
the Union's allegation as to victimisation or unfair labour
practice. Nevertheless it held that it was improper ... present case the termination of service was not on
account of victimisation or unfair labour practice. It is
clear that the Company terminated the service
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
conclusion that the said policy
was not actuated by any motive of victimisation or unfair
labour practice and therefore was bona fide, any
consideration ... carried out is bona fide and not
vitiated by any consideration for victimisation or unfair
labour practice and the employer comes to the 'conclusion
take independent evidence for finding prima
facie case Mala fides and victimisation-Delay in making
application-Effect of- Industrial Disputes ... proper, that the appellant was guilty of
mala fide conduct and victimisation, that, except in the
case of one workmen, the others were not guilty
