Question

Who is a protected workman

• A. Workman given police protection during labour strike
• B. Workman protected by insurance coverage
• C. Workman who is an executive or office bearer of a registered trade union in the establishment
• D. Workman protected from being arrested by a court order

Hint:

In labour law, terms like "workman," "strike," "lock-out," and "protected workman" have specific definitions in the Industrial Disputes Act, 1947. Always refer back to these statutory definitions.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the definition of a "protected workman" under Indian labour law. This is a specific legal term with a precise meaning.

Step 2: Key Legal Provision:
The concept of a "protected workman" is defined in Section 33(3) of the Industrial Disputes Act, 1947.

Step 3: Detailed Explanation:
According to Section 33(3) of the Industrial Disputes Act, 1947, a "protected workman" is a workman who is an executive member or office-bearer of a registered trade union connected with the establishment. These workmen are granted special protection against dismissal, discharge, or any other punishment by the employer during the pendency of any conciliation or adjudication proceedings, except with the express permission of the authority before which the proceeding is pending. This protection is provided to shield union leaders from being targeted by management for their trade union activities.
The other options are incorrect interpretations:
- (A) and (D) confuse the term with general police or legal protection.
- (B) relates it to insurance, which is not the legal meaning.

Step 4: Final Answer:
A protected workman is a workman who is an executive or office bearer of a registered trade union associated with the establishment.