Unfair labour practice complaints may be maintainable at the disciplinary stage before discharge or dismissal is ordered.

A complaint under Item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 may be brought before the Labour Court even before any actual discharge or dismissal order is passed. The statutory scheme, including Sections 27, 28(1), 30(1) and 30(2), is directed to preventing unfair labour practices as well as remedying completed ones, so disciplinary steps such as a chargesheet or suspension in contemplation of dismissal can amount to a present and continuing unfair labour practice. On that basis, the Labour Court has jurisdiction to entertain such a complaint where a strong prima facie case is shown.

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Issues: Whether a complaint under Item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 is maintainable before the Labour Court at the stage when disciplinary proceedings are only contemplated or in progress, before any actual order of discharge or dismissal is passed.

Analysis: Item 1 of Schedule IV speaks of discharge or dismissal by way of victimisation, colourable exercise of rights, false implication, patently false reasons, trumped-up allegations, denial of natural justice, or shockingly disproportionate punishment. Read with Section 27, the Act prohibits not merely completed unfair labour practices but also engagement in such practices. Section 28(1) allows complaints where the employer has engaged in, or is engaging in, unfair labour practice, and Section 30(1) authorises declaratory and cease-and-desist relief, while Section 30(2) specifically permits interim restraining orders. This statutory scheme shows that the Legislature intended prevention, not merely post-facto correction. A narrow reading confined to completed discharge or dismissal would render the words "is engaging in" and the interim power under Section 30(2) otiose and would defeat the purpose of the welfare legislation. The initiation of disciplinary machinery, including issuance of a chargesheet or suspension in contemplation of dismissal, may therefore amount to a present and continuing unfair labour practice capable of challenge, provided a strong prima facie case is made out.

Conclusion: The complaint was maintainable even before actual discharge or dismissal, and the Labour Court had jurisdiction to entertain it.

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