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jaykumtekar (Legal Advisor)     11 April 2013

Protected workmen

Dear All,

As per the Rule No.66 of the Industrial Disputes (Bombay) Rules 1957

(1) Every Trade union committee with an industrial establishment to which the act applies shall communicate to the employer before the 30th of every year the name and addresses of such of the officers of the trade union who are employed in that establishment and who, in the opinion of the union should be recognized as protected workman.

(2)The employer shall, subject to the provision of sub-section (4) of Section 33 recognize such workmen to be protected workmen for the purposes of sub-section 33 of the said section and communicate to the union in writing within 15 days of the receipt of names and addresses under sub-rule (1).

Further as per section 33 of the I.D. Act, 1947 Section 33 (3) proviso (Exp.) For the purpose of sub-section a protected workman in relation to an establishment means a workman who being a member of the executive or other office bearer of a registered trade union connected with the establishment is recognized as such in accordance with rules made in this behalf.

On bare perusal of the above explanation only Ex.Body Office bearers or a member of the executive are required to be recognised as an Protected workman in case we read the above provisio. 

My question is whether we are required to recognize only office bearers and executive members only for the purpose of granting protection or whether the union can submit list of members of the union who are not office bearers or executive members to be recognized as a protected workmen.

Further as per section 33 of the I.D. Act, 1947 Section 33 (4)

The number of workmen to be recognized as  protected workman shall be 1% of the total number of workmen employed therein subject to a minimum number of 5 protected workman and Maximum 100 protected workmen.

My question is If I am emplloying 200 workmen the 1% comes to 2 number of protected workmen.  In this case whether union can submit a list of protected workmen more than 2 numbers and whether it will be valid in the eyes of law.

Kindly throw light on the above queries with relevant citation if any.

Thanks

Jay Kumtekar



Learning

 1 Replies

kathiresan (advocate )     11 April 2013

pendency of the conciliation proceedings u/s 33 of the Industrial dispute Act, Management should not taken any action of transfer as per the Section 33 of the ID Act


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