Protected workman under i d act,1947

Querist : Anonymous (Querist) 04 October 2011 This query is : Resolved
Can a protected workman suspended after a proven act of misconduct ?

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Sankaranarayanan (Expert) 04 October 2011
we need more details about your query but as far as the law, if any misconduct then they have to face the consequence , but all subject to the quality of case.
Before law all are equal.
What is your definition of protected workman

prabhakar singh (Expert) 04 October 2011
i think your question relates to Industrial disputes Act ,though not clarified by you,IF SO THEN ANSWER IS::

In every establishment, 1% of total workmen are recognized as Protected workmanµ u/s 33(3) (but minimum 5 and maximum 100). In case of such workmen, order for his dismissal, discharge or
punishment cannot be passed without
permission of authority before whom
proceedings are pending, whether the issue is related to dispute or not. Such permission is required only during the period proceedings are pending and not after main reference is decided.

Raj Kumar Makkad (Expert) 04 October 2011
I do agree with experts.

Sailesh Kumar Shah (Expert) 06 October 2011
I endorse the opinion of Shri Prabhakar Singh.

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