BHARAT IRON WORKS vs BHAGUBHAI BALUBHAI PATEL & ORS.

The Supreme Court held that victimisation under the Industrial Disputes Act, 1947, requires clear evidence of persecution without fault of the employee. The court established that mere allegations of victimisation are insufficient; the burden of proof lies with the employee claiming victimisation. The court found that the Tribunal erred in not allowing the employer's applications under Sections 33(2) and (3) of the Act, leading to the dismissal of the writ application by the High Court being incorrect.