Case Note & Summary
The petitioner, Anglo French Drugs & Industries Ltd., challenged an order of the Industrial Court dated 11th April 2002, which allowed a revision application filed by the respondent union against the Labour Court's order. The Labour Court had held that the petitioner was involved in an unfair labour practice by discharging or dismissing workmen by way of victimization, and that the termination was not bona fide but a colourable exercise of employer's rights in disregard of principles of natural justice. The Labour Court directed reinstatement with 50% back wages. The Industrial Court, in revision, directed reinstatement with full back wages and continuity of service. The petitioner was established in 1923 in Bombay, initially importing and later manufacturing pharmaceutical drugs on loan licence for Roche Pharmaceutical India Ltd. In 1959, F. Hoffman La Roche & Co. of Switzerland acquired majority control. On 1st April 1961, Roche purchased the Bombay factory. Thereafter, the petitioner engaged in trading and marketing until 1976 when it established a factory in Bangalore. On 1st August 1980, the Prabhadevi factory licence was surrendered. On 10th December 1984, the petitioner issued a notice to employees citing losses and deciding to centralize activities in Bangalore, leading to termination of Mumbai workmen. The legal issues centered on whether the termination constituted unfair labour practice and victimization. The court analyzed the facts and held that the Industrial Court's order was justified, dismissing the petition.
Headnote
A) Industrial Law - Unfair Labour Practice - Victimization - Termination of workmen by way of victimization constitutes unfair labour practice - The Labour Court held that the termination was not bona fide but in colourable exercise of the rights of the employer and in disregard of principles of natural justice - The Industrial Court in revision directed reinstatement with full back wages and continuity of service - Held that the Industrial Court's order was justified (Paras 1-2).
Issue of Consideration
Whether the Industrial Court was justified in directing reinstatement with full back wages and continuity of service after the Labour Court had directed reinstatement with 50% back wages.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's order directing reinstatement with full back wages and continuity of service.
Law Points
- Unfair labour practice
- victimization
- colourable exercise of employer's rights
- principles of natural justice
- reinstatement with full back wages
- continuity of service
