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vijaybhatt1963@yahoo.co.in
Sir, What is difference between protected workman and general workman under iD act
From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Seasoned Ir Professional

Madhu.T.K
4193

All protected workmen are general workmen but all general workmen cannot be protected workmen.

Protected workmen are workers who are approved by the management as 'protected workmen' under the relevant provisions of the Industrial Disputes Act. A protected workman is always an office bearer of a trade union. As per Section 33 (4) of the Industrial Disputes Act, 1947, the number of workmen to be recognised as protected workmen shall be one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen.

Section 33 (3) of Industrial Disputes Act, 1947, provides certain protection to them. That is to say, during the pendency of any conciliation procedure before a conciliation officer or a Board or of any proceeding before an arbitrator or a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, the employer should not dismiss, punish or even make changes in the service conditions of a protected workman.

Rule 61(1) of Industrial Disputes (Central) Rules, 1957, provides that every registered trade union connected with an industrial establishment shall communicate to the employer before the 30th April every year, the names and addresses of the officers of the union who are employed in that establishment who should be recognised as protected workmen. Rule 61(2) makes it obligatory on the part of employer to recognise such number of workers as provided u/s 33 (4) of the Industrial Disputes Act, 1947, as ‘protected’ for a period of 12 months, within fifteen days of receipt of the proposal from the union.

From India, Kannur
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