Chapter: 2.4.15 Undue haste in the M.R.T.U.P.U.L.P.

Undue haste

• The Unfair Labour Practice are of various descriptions varying in degrees. ...every Unfair Labour Practice is different in its own special manner.
• Undue haste - An Unfair Labour Practice
• (1) Sch. IV item 1 (f) MRTU and Unfair Labour Practice Act, 1971....in this case, relying on the regard of the Karkhana the employer Sugar factory was made a petitioner to retire on his: attaining age of 60 years.
• The Hon. High Court observed that, 'It is difficult to agree that the Karkhana did not commit an act of unfair labour practice.
• The karkhana could not have and should not have retired the Petitioner without giving him a reasonable opportunity of being heard and in undue haste.
• This was seen in,

Dagadu Nagu Upase,
V
Wama Salwkari Sakhar Knrkhima Ltd.
1991 II CLR 172 (Born: HC)

Colourable Exercise

(2) Colourable exercise of employers right.

• In this case, the Hon. High Court held that,' once the Petitioner failed to establish the first respondent was in' possession of lethal weapon on the premises during working hours, then the only inference is that the termination was not in good faith, but in colourable exercise of the employer's right.'
• This was seen in the case,

L&T Ltd.
V
Rajanikant Raghunath Balekar
l991IICLR409{Bom.HC).

• The Courts have struck down Unfair Labour Practices with an Iron hand wherever noticed, as the whims and fancies of unscrupulous employers should be nipped in the bud, or else they will grow to gigantic proportions of a banyan tree and then one will need huge ropes and axes to bring it down.
• Sensing this, it was Pandit Jawaharlal Nehru who rightly remarked that, 'the' forces of a capitalist society if left unchecked, will make' the rich richer, and the poor poorer.