Service matters of Government employees and member of trade union act, 1926

Dear Client,
As per Section 33 (4) of the Industrial Disputes Act, 1947, the number of workmen to be recognized as protected workmen shall be one percent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen. Section 33 (3) of the Industrial Disputes Act, 1947, provides that during the pendency of any conciliation procedure before a conciliation officer or a Board or of any proceeding before an arbitrator or a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, the employer should not initiate any action against any protected workman concerned in such dispute- (a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceedings; or ( b) by discharging or punishing, whether by dismissal or otherwise, such protected workman, save with the express permission in writing of the authority before which the proceeding is pending. If any employer wants to take action against a protected workman during the pendency of a conciliation proceeding, before the Conciliation Officer, Board, Arbitrators, Labour Court, Tribunal or National Tribunal, he should get express permission from the conciliation Officer, Labour Court or Tribunal, as the case may be, by applying in form J. However, management is entitled to decline recognition as a protected workman to a person nominated by the union, if any disciplinary proceeding is pending against such workman. Union certainly cannot exercise their power under Rule 61(1) to give immunity to an employee against whom disciplinary proceedings initiated by the management are pending, by nominating his name for recognition as protected workman.” Therefore, an office bearer of the Union facing disciplinary proceedings is not entitled to be nominated by the Union for recognition as a protected workman and the management is absolutely within their powers to decline recognition to such an office-bearer under sub-rule (2) of Rule 61. In such cases the management should inform its intention to decline the name of a particular worker in the list, within 15 days, failing which it can be presumed that the management has no objection in the proposal furnished by the union. In the prevailing situation, reach out to an Advocate for guidance and steps

Dear client,
Please file a complaint before the labour court stating your grievance. Please consult a good lawyer for the same