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lakshmi (-)     16 April 2008

info plz

 HI ALL...

      Where a disciplinary action is taken against a workman, can the union members interefere with such a situation claiming that the workman is an office bearer. What is the option available to employer?


 1 Replies

H. S. Thukral (Lawyer)     16 April 2008

Some workmen office bearers of union are declared as protected workmen (1%of the total workmen or minimum of five)) every year and same have to be recognised as protected workmen. During the pendency of any dispute, no action can be taken against such workmen by altering their service conditions or punishing them with discharge or dismissal save with the express permission of the authority before whom dispute is pending. Kindly see section 33(3)(4) of the Industrial Disputes Act.

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