Question

Unfair labour practice by the employers

• A. Victimization
• B. False implication in criminal case
• C. Untrue allegations of absence without leave
• D. All the above

Hint:

When studying the Industrial Disputes Act, 1947, pay special attention to the Schedules. The First Schedule (Industries which may be declared Public Utility Services), the Second and Third Schedules (Matters within the Jurisdiction of Labour Courts and Industrial Tribunals), and the Fifth Schedule (Unfair Labour Practices) are frequent sources for exam questions.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks to identify acts that constitute 'Unfair Labour Practice' on the part of employers under Indian labour law. The primary source for this definition is the Industrial Disputes Act, 1947.

Step 2: Detailed Explanation:
Section 2(ra) of the Industrial Disputes Act, 1947 defines "unfair labour practice" as any of the practices specified in the Fifth Schedule of the Act. Part I of the Fifth Schedule lists the unfair labour practices on the part of employers and trade unions of employers.
Let's examine the given options in light of this schedule:
\[\begin{array}{rl} \bullet & \text{(A) Victimization: While not a single entry, the spirit of the schedule is to prevent victimization. For example, Clause 7 deals with transferring an employee mala fide under the guise of management policy, which is a form of victimization. It is widely accepted as a core unfair labour practice. } \\ \bullet & \text{(B) False implication in criminal case: Clause 5(f) of the schedule explicitly lists "To foist false evidence on a domestic enquiry or to cloth-up a bona fide workman with false evidence or to institute false criminal proceedings against him" as an unfair labour practice. } \\ \bullet & \text{(C) Untrue allegations of absence without leave: Clause 5(b) of the schedule mentions "falsely implicating an employee in a criminal case on false evidence or on concocted evidence." Making untrue allegations of absence to dismiss an employee would fall under similar misconduct of using false grounds for disciplinary action. } \\ \end{array}\] All the actions listed—victimization, false implication in criminal cases, and making untrue allegations—are classic examples of practices intended to unfairly target workmen, and are covered either explicitly or implicitly under the Fifth Schedule.

Step 3: Final Answer:
The correct answer is (D) All the above, as all the listed actions are recognized forms of unfair labour practices committed by employers.