Dear friend,
The status of an employed person being an employee/workman-cum-office bearer of any Trade Union functioning in the industry does not confer any special rights/privileges in respect of his duties and responsibilities as such other than the protection given to him as a "protected workman" u/s 33(3) of the Industrial Disputes Act,1947 if and only if having been so recognized formally by the employer.
In the situation above described, such employee is generally susceptible to the disciplinary control of the employer like any other employee in the organization. However, in case of any dispute concerning the industry pending conciliation or arbitration or adjudication before any such fora and the disciplinary action,if any the employer initiates against such an employee who happens to be a protected workman, is likely to result in dismissal or otherwise, the employer has to obtain prior permission from the authorities mentioned u/s 33(1).
From India, Salem
6016The status of an employed person being an employee/workman-cum-office bearer of any Trade Union functioning in the industry does not confer any special rights/privileges in respect of his duties and responsibilities as such other than the protection given to him as a "protected workman" u/s 33(3) of the Industrial Disputes Act,1947 if and only if having been so recognized formally by the employer.
In the situation above described, such employee is generally susceptible to the disciplinary control of the employer like any other employee in the organization. However, in case of any dispute concerning the industry pending conciliation or arbitration or adjudication before any such fora and the disciplinary action,if any the employer initiates against such an employee who happens to be a protected workman, is likely to result in dismissal or otherwise, the employer has to obtain prior permission from the authorities mentioned u/s 33(1).
From India, Salem
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