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
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
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
management implicated them in many cases during period of strike to victimise them, and that their dismissal amounted to victimisation for taking part in trade ... that there is no indication whatsoever in it that the question of victimisation was taken into consideration, which was an independent ground raised
concerned in disputes which
form the subject-matter of pending
proceedings against victimisation by
the employer on account of their
having raised industrial disputes ... protect the workmen in
pending industrial disputes against
intimidation or victimisation. As said
above principles governing the giving
of permission in such cases are that
employer in terminating the services of the workmen amounted to victimisation and unfair labour practice and that the employer had acted malafide in terminating ... employer that the workmen will not be subjected to general victimisation for taking part in the strike. The two workmen were, however, chargesheeted on November
