Victimisation - Definition - Law Dictionary Home Dictionary Definition victimisation

Definition :

Victimisation, is a term of comprehensive import. Thus, if a person is made to suffer by treatment, it would amount to victimisation, Lakmat Newspapers Pvt. Ltd. v. Shankarprasad, (1999) 6 SCC 275.

The word 'victimisation' in the context of industrial disputes is capable of two different interpretations: It connotes a person who became the victim of the employer's wrath by reason of his trade union activities; it also connotes a victim of unfair and arbitrary action. When a word has more than one interpretation, the interpretation which is in favour of the labour should be accepted as they are the poorer section of the people compared to the management. Therefore, the word 'victimisation' must be given its normal meaning of being the victim of unfair and arbitrary action, Workmen of

M/s. Willamson Magor & Co. Ltd. v. Williamson Magor & Co. Ltd., AIR 1982 SC 78 (81): (1982) 1 SCC 117. [Industrial Disputes Act (14 of 1947), Sch. 2, item 6]

If a person is made to suffer by some exceptional treatment it would amount to victimisation. The term 'victimisation' is of comprehensive import. It may be victimisation in fact or in law. Factual victimisation may consist of diverse acts of employers who are out of drive out and punish an employee for no real reason and for extraneous reasons, Colour-Chemical Ltd. v. A.L. Alaspurbar, AIR 1998 SC 948 (956): (1998) 3 SCC 192. [Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (1 of 1971) Sch. IV, Item 1(a)]