In Brief
An employee of Wockhardt Ltd. was transferred from Sagar to Mumbai and terminated after failing to join. He alleged the transfer was mala fide unfair labour practice in retaliation for supporting union activities. The High Court upheld the termination. The Supreme Court held: (1) an order is deemed communicated when issued, whether or not received; (2) transfer is unfair labour practice only if actuated by mala fide, requiring proof of personal bias or oblique motive; (3) allegations of mala fide require impleading the persons concerned; (4) termination for non-joining a transfer falls within the Labour Court's jurisdiction (not Industrial Court's) as it concerns victimization. The appeal was dismissed.
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