Chapter: 2.4.3 Discharge and Dismissal in the M.R.T.U.P.U.L.P.

Discharge and Dismissal

• In the case,
Deluxe Theatres (P) Ltd.
V
Bombay Labour Union
1992    LR 256 (Bombay HC).

• The Unfair Labour Practices being under item l(a) of Schedule II of the MRTU & PULP Act, 1971..., the Respondent Union had intimated to the petitioner employer at the employees had joined their union.
• Threats were given .by employer to workmen not to join the union.
• The Employer even terminated services of some workmen.
• Industrial Court returned finding of unfair labour practice.
• The High Court observed that evidence unmistakably showed...after respondent union had communicated that respondent workmen had become members of its union, Manager and Director of Petitioner Company called the workmen concerned and told them to leave Union and that it was their failure to leave union which resulted in their thrown out of employment.
• The fact that the seven of the workmen collectively resigned suddenly from the membership of the Bombay Labour Union ...a tell-tale circumstance.
• Taken cumulatively these circumstances indicate that petitioner company was interfering with or coercing the employees in exercise of their right to organize, form or join or assist a trade union or to engage in certain activities for the purpose of collectively bargaining.
• On the material on record an unfair labour practice within the meaning of item l(a) of Schedule was made out.'