Labour & Industrial Relations

Dear Sir,
The management has asked me to give my opinion on the following issues :
1. What is the difference in between normal workmen and protected workmen. Where from I could get the relevant provision & commentary.
2. What is difference between the wage settlement agreement u/s. 2 (p) & 18 (1) (2) (3) of ID Act, 1947. What kinds of agreement can generally exeucted u/s. 2 (P) & 18 (1) (2) (3).
3. What is meaning of illegal strike (apart from the strike of trade union also).
May i request you to please guide me on the aforesaid subject with relevant provision, case laws & your valuable comments.
Thanking you
Manoj Pallod

Workmen are employees or workers who come under the definition of workmen in the Industrial Disputes Act. Protected workmen are also workmen but are recognised by the management as "protected" following the provisions of the Industrial Disputes Act. That is, as per rule 61 of the Industrial Disputes (Central) Rules, every registered Trade Union shall communicate to the employer the names of employees who are members of the union to be recognised as protected workmen. This follows section 33 (4) of the ID Act which says that "the number of workmen to be recognised as protected workmen shall be one per cent 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. Where there are more than one union then the number of protected workers shall be divided in proportion to the membership in the unions.

Section 2(p) only defines what is called "settlement" and it says that settlement is an agreement by means of a conciliation. It is different from "award" which is a settlement arrived at by Labour Court or Tribunal. Settlement can also be a bi-party settlement wherein agreement is reached in direct conversation between the employees (with or without union) and the employer or it can be tri-party settlement which is usually referred to as 12(3) settlement which is arrived at with intervention of conciliation officer appointed by the government.

Section 18 is all about on whom the settlement and awards are binding. Section 18(1) says that a settlement arrived at by agreement between the employer and the employees (that is a bi- party settlement) otherwise than a conciliation settlement (ie, tri party settlement or 12(3) settlement) will be binding on the parties to the agreement.

Section 18(2) says that an arbitration award will be binding on the parties to the agreement who referred the dispute to arbitration

Section 18(3) says that a settlement arrived at in the course of conciliation proceedings will be binding on all parties to the industrial dispute.

Please note that there are some provisio annexed to the above.

A strike which is commenced without giving notice of strike or in contravention of section 22 (1) of the ID Act is an illegal strike. As per section 22(1) 14 days notice is mandatory in public utility services. As such if your establishment is not declared as public utility service,. the provision relating to notice will not apply to you. Please remember that the word 'public utility' is no way related to public sector and a firm in private sector but engaged in the business which is declared as public utility, say, transport, will have to follow the above provisions. The same notice requirements is applicable to the employer who wants to lock out his establishment.

Regards,

Madhu.T.K

Respected Sir,
kindly clear me about how i know that our company is under Public utility service or not. is there is any specification ?
waiting for your soon responce.

An industry is declared as public utility service by the government by notification when it becomes necessary to do so in the interest of the general public. Under section 2(n) of the ID Act railway service, postal service industry engaged in the generation and distribution of power or water and services of a system of sanitation are public utilities. The clause vi of sub section n to section 2 empowers the government to declare any other service or industry as public utility service for a period of six months (which may be extended for a further period)The list of industries which may be declared as public utility services is available in the First schedule of the ID Act. In that schedule, transport, banking, industries engaged in manufacturing of food stuffs, services in hospitals, services in International Airports Authority of India, Services in Currency note press, etc are included.
Regards,
Madhu.T.K

An industry is declared as public utility service by the government by notification when it becomes necessary to do so in the interest of the general public. Under section 2(n) of the ID Act railway service, postal service industry engaged in the generation and distribution of power or water and services of a system of sanitation are public utilities. The clause vi of sub section n to section 2 empowers the government to declare any other service or industry as public utility service for a period of six months (which may be extended for a further period)The list of industries which may be declared as public utility services is available in the First schedule of the ID Act. In that schedule, transport, banking, industries engaged in manufacturing of food stuffs, services in hospitals, services in International Airports Authority of India, Services in Currency note press, etc are included.

Regards,

Kamat V. P.
more at https://www.citehr.com/306195-labour...#ixzz19eITxnJx

Sir,
May I seek your assistance to know behind the concept of "protected workmen" for an establishment and for what purpose. What is the use or benefit for an establishment for "protected workmen". Whether the workmen who completed his tenure of 240 days in a calender year shall be deemed to be "protected workmen" ?
Whether the "protected workmen" shall require to be a member of "trade union" only ? Please guide ?
Thanks
Manoj Pallod

Manoj, protected workmen are workmen who are members of registered trade unions. As already put in my previous posts the manner of recognising the workmen as protected workmen is given in the ID Act. It does not mean that protected workmen can do anything and the management is not able to initiate any disciplinary action against them but the ID Act says that during the period of any dispute or negotiation, no action which may make any change in the service conditions of these workmen should not be done. It is obvious that if there is no trade union and the workers put forward some demands (rather legitimate demands) there is a possibility that the management will transfer some of the workmen even discharge them. The protection is from such kind of victimisation.
Regards,
Madhu.T.K

Dear Sir,
on which grounds the protected workment can be dismissed/discharged?
regards,
Parvez Pasta

On any ground which as per the company policy is a misconduct a protected workman can be dismissed or discharged. Only thing is that it should not happen while a dispute is being heard before a dispute settlement authority and on a charge which is related to the dispute.
Madhu.T.K

Dear Manoj,

Madhu sir has already elaborated the concept clearly.

Still like to add that as you are in working in Maharashtra and if you have more than one union in your organization and one of them having largest member is a recognized union having certificate to that effect from Industrial court,then please also focus on the definition of illegal strike laid down in MRTU & PULP Act.As Madhu sir is from Kerala he might be not well aware of this act.

Protected workmen should be informed by union to the management in every every year in Sept.month.

You also can challenge the names.

Keep well known that while dismissing the protected workmen against the misconduct which proceedings are before the court/govt you have to take the permission of the court for their dismissal.

Protected workmen have immunity from civil court for the case which is futherence of related industrial dispute.It means the case shall not maintain by any civil court and shall only proceed in labour/industrial /high court/supreme court.

Mangesh Wakodkar

Aurangabad