Protected Workman Status for one office bearers

Can one Office Bearer seek Protected Workman Status instead of a minimum of five.

The protected workmen itself is a status recognized by the employer from the list submitted by the Union. It is true that the employer can refuse to recognize those workers against whom any disciplinary action is in process, but normally the list would be approved as such. If the union has already given a list (of one percent subject to a minimum of five persons) and the employer approved it, then they cannot add any more just because one of the office bearers has been left off the list. Let them wait for the next year to include him.

The declaration of protected workmen is done by the employer based on recommendations from registered and recognized unions. The quota is determined by the number of members enrolled under the unions on a proportional basis. As per your post, an office bearer cannot be declared protected unless nominated by the Union. The employer reserves the right to refuse recognition of the workers. In such cases, the union must nominate another individual.

Unless the employer provides it in writing within the stipulated period as per the provisions of the ID Act, the said OB cannot claim the status of a Protected Workman. Please refer to Section 33 of the ID Act.