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[Cites 0, Cited by 0] [Section 90] [Entire Act]

Union of India - Subsection

Section 90(3) in THE INDUSTRIAL RELATIONS CODE, 2020

(3)Notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any proceeding in respect of an industrial dispute, take any action against any protected worker concerned in such dispute-
(a)by altering, to the prejudice of such protected worker, the conditions of service applicable to him immediately before the commencement of such proceeding; or
(b)by discharging or punishing, whether by dismissal or otherwise, such protected worker,
save with the express permission in writing of the authority before which the proceeding is pending.Explanation. - For the purposes of this sub-section, a "protected worker" in relation to an establishment, means a worker who, being a member of the executive or other office-bearer of a registered Trade Union connected with the establishment, is recognised as such in accordance with rules made in this behalf.