Not appropriate to deny protected workman status on mere initiation of disciplinary proceeding: HC

The Dharwad bench of the high court has said that it is not appropriate to deny the status of a protected workman if merely a disciplinary proceeding is initiated.

Justice M I Arun said this while partly allowing a petition filed by Tata Marcopolo Motors Limited, Dharwad.

“Pendency of any disciplinary proceedings is considered sufficient to deny the status of a protected workman. Then in that event, the employer can easily victimise any person,” the court said.

The court, however, said that it has to be held that the said workman is unfit to be accorded the status of the protected workman if it is proved in the disciplinary proceedings that the person is guilty of the allegations, or if a charge sheet is filed in a criminal case, after due investigation by the police.

The petitioner management had challenged the December 20, 2022 order of the Deputy Labor Commissioner, Belagavi that recognized certain members of the employees union as protected workmen.

It was claimed that two employees were dismissed from service after being found guilty of the charges in the disciplinary proceedings. Though the Labour Court ordered their reinstatement, the operation of the award was stayed by the high court on an appeal filed by the petitioner management. However, in respect of the other two employees, the disciplinary proceedings have been merely initiated and the allegations are not yet proven.

Justice Arun said it would be unjust to deny these two employees the status of protected workmen. Regarding the other two employees, who were found guilty in the disciplinary proceedings, the court said they could not be considered role models and are not entitled to be treated as protected workmen.

The bench observed that the basic object of the law recognising certain office-bearers of Trade Union as protected workmen is to protect them against victimisation by the employer. “However, it should not result in one losing sight of the fact that undesirable persons can get the status of protected workmen and use the said benefit for their selfish purposes at the cost of the industry. As observed by this court in the Wonderla case, the Trade Union leaders are meant to be role models for the rest of the workforce. They are required to canvas the just and reasonable demands of the workmen in accordance with law and oppose the workmen from being exploited by the employer, but not to harass or blackmail the employer and scuttle the industry,” the court said.