In Brief
An employee of Wockhardt Ltd. was transferred to Mumbai from Sagar but did not report for duty and was subsequently terminated. He challenged the transfer as mala fide unfair labour practice before the Industrial Court, claiming he never received the termination order. The Supreme Court held that an order is deemed communicated once issued and sent, regardless of actual receipt. The Court also held that allegations of mala fide must be proven with evidence and that persons against whom mala fide is alleged must be impleaded as parties. Finally, disputes regarding termination as victimization fall exclusively within the Labour Court's jurisdiction, not the Industrial Court's. The appeal was dismissed.
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