Protected Workman

Procedure is the same just like any other workman.  The disciplinary enquiry can be held and once the disciplinary authority decides to terminate his services, then the following method has to be adopted:

If there is any industrial dispute pending in Labour Court/Industrial Tribunal/conciliation officer, then, an application under Section 33 has to be moved before the court, where the industrial dispute is pending, seeking the permission to terminate his services.  Till the court grants permission, the workman will be given suspension allowance, if he is under suspension or pay full wages, if he is not under suspension.  If the court refuses to grant permission to terminate his services, he will continue in the job.  

Thanks!

Regards,

Niket Sinha