Meaning and Concept of Protected Workmen
Protected workmen are certain office-bearers of a registered trade union who are given special protection against adverse action by the employer during the pendency of industrial dispute proceedings. The concept is recognized under Section 33(3) of the Industrial Disputes Act, 1947. The protection is provided to ensure that trade union leaders can discharge their duties fearlessly without victimization or unfair labour practices by the employer. A protected workman cannot be discharged, dismissed, or punished without the express permission of the authority before whom the industrial dispute is pending. This statutory protection strengthens collective bargaining and safeguards union activities.
Legal Provisions and Conditions
The procedure for recognition of protected workmen is governed by Section 33(4) of the Industrial Disputes Act, 1947, read with relevant rules. The number of protected workmen in an establishment is limited, generally to one percent of the total number of workmen employed, subject to a minimum of five and a maximum of one hundred. Only office-bearers of a registered trade union connected with the establishment are eligible. The employer must recognize protected workmen upon receiving a valid list from the trade union. These provisions ensure a balance between employer authority and union protection.
Legal Importance and Effect
Protected workmen play a vital role in maintaining industrial democracy and fair representation of workers. By granting immunity from arbitrary disciplinary action during dispute proceedings, the law prevents intimidation of union leaders. Any action taken in violation of Section 33(3) is void and illegal. Labour Courts and Industrial Tribunals strictly enforce this protection, as its violation amounts to unfair labour practice. The concept ensures continuity of union representation during disputes and promotes peaceful resolution of industrial conflicts.
Real-Time Practical Example
During the pendency of an industrial dispute relating to wage revision, a factory manager attempts to dismiss a trade union secretary for leading worker protests. Since the secretary is a recognized protected workman, the employer cannot take disciplinary action without prior permission of the Industrial Tribunal. The dismissal is challenged and declared invalid due to violation of Section 33(3). This example shows how protected workmen are shielded from victimization during industrial disputes.
Mnemonic to Remember Protected Workmen
Mnemonic: “P.R.O.T.E.C.T”
P – Pending dispute
R – Registered trade union
O – Office-bearers
T – Tribunal permission needed
E – Employer restricted
C – Collective bargaining safeguarded
T – Trade union freedom
This mnemonic helps remember the concept and legal protection of protected workmen in exams.
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