A G KHER Vs. ATLAS COPCO INDIA LTD

JUDGEMENT

(1.) THIS petition arises out of the complaint filed by the present petitioner in the Labour Court at pune making grievance about unfair labour practice in the form of victimisation, by colourable exercise of the employer's right, involving complete absence of good faith. Grievance is also made that the order of termination of the services of the petitioner was passed in utter disregard of the principles of natural justice.

(2.) AS will be presently pointed out the petitioner is a victim of mobocracy. For no legitimate reason, the other workmen in the factory of respondent No. 1 went after the blood of the petitioner and instead of protecting her from them, respondent No. 1 - Employer, dismissed the petitioner from service, through the employer themselves have no subsisting grievance about the petitioner's work and efficiency at all. The petitioner knocked the door of the Labour Court under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with particular reference to item Nos. 1 (a), (b), (d), (f) and (g) of Schedule IV to the said act, with no avail.

(3.) BEFORE setting out the facts which gave rise to this petition, it is worthwhile explaining the who is in this petition. The petitioner is, or rather has been, an employee in the factory belonging to Atlas Copco (India) Ltd. (hereinafter referred to as "the company") which is situate at Pune. At all material time, the petitioner had been working as a Senior Typist-cum-Clerk in the said company. Respondent No. 1 is the Managing Director of the said Company, respondent No. 2 is the Factory Manager of the said company and respondent No. 3 is the General Secretary of the union which has brought about settlement on behalf of the workmen in the factory with their employer-respondent No. 1.