also not
given any reason for not examining them and thus, the victimisation claim was
https://www.mhc.tn.gov.in/judis ... punishment was so harsh as to lead to an
inference of victimisation or unfair labour practice. This
position in our view, has now been changed
under:
"6. What is victimisation is again a multi-
headed monster to tackle with. The word
'victimisation' is not defined ... understand, it has not yet
been brought into force. The concept of
victimisation is to a large extent brought out under
Section 28K of that
under:
"6. What is victimisation is again a multi-
headed monster to tackle with. The word
'victimisation' is not defined ... understand, it has not yet
been brought into force. The concept of
victimisation is to a large extent brought out under
Section 28K of that
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
case of the petitioner is that the respondent -
management decided to victimise the active members, office
bearers and the executive committee members of the union ... workmen from the
services of the company is a clear case of victimisation and
unfair labour practice and raised dispute, Government
referred the matter
Tribunal finds that dismissal of an employee is
by way of victimisation or unfair labour practice, it will then
have complete jurisdiction to interfere with
when there is want of
good faith; (ii) when there is victimisation or unfair labour
practice; (iii) when the management has been guilty ... orders and it does not appear that the employer was guilty
of victimisation or any unfair labour practice, that tribunal is
generally reluctant to interfere
Debendra Nath Behera vs The Additional Chief Secretary To on 4 November, 2024
ORISSA HIGH
particular care that the
rule is not used as a ruse for victimisation by
getting rid of honest and unobliging officers
in order to make ... 12265 of 2021 Page 35 of 163
victimisation, so as to make the order arbitrary.
We are, however, unable to find any material
enquiry
are perverse or the management is guilty of victimisation,
unfair labour practice or mala fide.
(4) Even if no enquiry has been held ... except in cases where
the punishment is so harsh as to suggest victimisation.
(10) In a particular case, after setting aside the order of
dismissal
