Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
Dharmjadon
Service
+2 Others

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What ground can be taken by the Management for not granting the status of Protected workmen as demanded by the Union for its office beareres.
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Hi
Kritarth
On the above statement i have one query in which legal provision it is stated that it is a purely management decision to accept or not to accept in part or in whole the list of workmen submitted by union to be accorded "Protected Workmen" recognition. Can you just elaborate this point as i would like any book or any such legislation passed that it a pure management decision to accept whole committee member or few people from committee as protected employees.
Thanks & Regards,
Priya Darekar
It cannot be "purely" management prerogative but the management is expected to declare the names given by the union subject to the number as is required under the ID Act. However, the management can refuse to recognise an employee as protected on whom any disciplinary action is under process as was decided in Hindustan Latex Employees Union case.
Please follow the link.
Madhu.T.K: PROTECTED WORKMEN
Regards,
Madhu.T.K
Dear Madhu. T. K
Thanks for the valuable information that you shared. I must say u have depth knowledge of all laws. I would like to know one more information that if can any organization have two union. As i work in co-operative bank and we already had one union but now in our bank few people are forming another union also. So they are eligible. What will be the procedure for this? and employees cannot be member of both union?
second this what is recognized union means?
And what are the rights of union? (they can go for a meeting without any permission of anyone? Is there a certain time phrase given for union practices? ) Can you please elaborate my queries asap. I need specific evidence (law or section) which support these above queries?
Thanks & Regards,
Priya Darekar
Sr. HR Officer
An establishment can have any number of unions. It is with a view to controlling the multiplicity of trade unions that a separate Act to recognise Trade Unions has been recommended. Presently Maharashtra has a separate Act to recognise unions. Recently Kerala has passed an Act in the similar way. However, other states are yet to bring it up.

An employee is expected to join only one union. When the question of protected workmen arises, the management can ask for membership in each union because it is on the basis of membership that the total number of protected workmen is divided among the unions. If required, a referendum can also be arranged.

Once a Union is recognised as Sole bargaining agent (The union which has at least 51% of membership), the Management is expected to call for discussion on all matters concerning workers. They have right to sign a 12(3) settlement and their view will be considered on priority in such settlements. In general, a recognised trade union has the following rights (Since there is no Central Act to recognise a trade Union, there may be different provision in different states)

i. To raise issue concerning employment or non employment

ii. To collect subscription or membership fees within the premises of the establishment

iii. To put up notice board within the premises of the establishment and put notices, statements of accounts or announcements which are not abusive, indecent or contrary to discipline of the establishment or law in force

iv. To hold discussions with workers/ members within the premises with the permission of the employer

v. To meet and hold discussions with the employer

vi. To nominate members on non statutory bipartite committees, like Welfare Committee, Grievance Redressal Committee, Canteen Committee, Sexual Harassment Committee etc

vii. To get leave for the days on which the representatives attend negotiations, discussions or settlements.

Just like protected workmen are required to do their regular duties, a member of a recognised trade union is also required to follow the general principles and decorum of the company. Leaving workplace without permission will still be a misconduct even in the case of recognised unions.

Regards,

Madhu.T.K
Dear Ms.Janvidarekar

Please go through the provisions of the Rules that have been framed under the Industrial Disputes Act. The Central Government and the various State Governments have framed rules under the powers given to them under the Industrial Disputes Act. These Rules contain the provision for the manner in which the Union(s) have to give their list of workmen who are required to be regarded as "protected workmen" and the manner in which the employer has to act once the such list of workmen is received by him. The employer can refuse to regard a workmen as a protected workmen on the ground that (i) he is not a workman as defined under the Industrial Disputes Act, (ii) that he is not a member of the Union which is recommending his name or that he is also a member of another union functioning in the establishment. In case there arises a dispute between the Union(s) and the employer in the matter of protected workmen, some of the Rules referred above specify the authority to whom they should approach for settling the issue.

With regards
Dear Mr.paradoxical
Please go through my previous post in this thread. Please refer to either the Industrial Disputes(Central Rules) or the concerned State Rules whichever is applicable to the case referred to by you.. If according to the provisions of these Rules, the management could refuse to accord protected workman status on the ground of pendency of disciplinary action, then the management could as well refuse to accord protected workman status to the employee referred to by you. If, on the other hand there are no such provisions in the rules that are applicable, then the management cannot refuse to accord protection workman status on the ground of pendency of disciplinary proceedings.
With regards
If a Company has not recognised the Union, does the question of offering PROTECTED WORKMEN arise ??? Could any one please clarify.
Dear ANONYMOUS,
The question of recognition of the trade union by the management has no relevance to recognition of the status of protected workmen to the office bearers recommended by the union as long as it is a registered trade union and connected with the establishment.
when can recognition of a registered and recognised trade union be withdrawn or get cancelled in an establishment as per law in state of Maharashtra and who is authorise to do so ? is there any legal process to follow?
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