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
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
Commissioner heard the parties and taking it to be a case of victimisation, declined to grant permission for the appellants' dismissal' from service ... inquiries against them. It is a case of unfair labour practice and victimisation where the appellants are being penalised with the extreme punishment for trivial
trade unionist. They were imp leaded in a false case and were victimised.
7. It was submitted that there were no such incident which happened ... Officer and/or Labour Court.
9. In so far as allegation of victimisation are concerned, he referred to the relevant portion of the order dated
also alleged enmity between him and the Manager and consequently the victimisation. Not satisfied with the explanation, enquiry was ordered and the enquiry officer found ... only due to the enmity between him and the Manager and to victimise him, he was issued with the charges. To support the said plea
conduct of the employer shows lack
of bona fides or victimisation of employee or employees or unfair labour
practice. The tribunal may in a strong ... tribunal may
treat the imposition of such punishment as itself showing victimisation or
unfair labour practice."
19.He also relied upon a judgment
