The Karnataka High Court has said that even a workman facing minor charges can be denied the special status of a being a protected workman.
While hearing a petition filed by Wonderla Holdings Limited, Justice Raghavendra Chauhan said that it is not essential that a conviction should be recorded against the workman before denying him the special status of being a “protected workman”.
The petitioner moved the court challenging the September 16, 2017 order passed by Assistant Labour Commissioner, Bengaluru declaring five union leaders of the company as ‘protected workmen’ in 2017-18. The court observed that trade union leaders are meant to be role models for the rest of the workforce and since they lead the workforce, their conduct has to be above board as well as pristine.
“Even if charges are for minor offenses, such as assault, or wrongful restraint, or wrongful confinement, causing hurt, or grievous hurt, even such offenses are sufficient to disrupt industrial peace and harmony. Therefore, if a workman is facing charges even for minor offenses, even then, he can be denied the special status of being a protected workman,” Justice Chauhan observed while partially allowing the petition.
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