time when
services of respondents workmen were terminated on 13.6.1989, at that
occasion respondents workmen were declared as protected workmen ... pending
before Industrial Tribunal, Baroda. According to workmen, they are
concerned workmen and also protected workmen declared by authority.
Therefore, during pendency of such dispute
Assistant Labour Commissioner,
North & North-West District, declaring respondent No.4 a 'protected
workman' under the provisions of Section ... fact that after the passing of the order
declaring respondent No.4 a 'protected workman', no order of
reinstatement was passed
West Bengal
Industrial Rules, 1958 is not sufficient to declare him as a 'protected workman'.
It is necessary that some positive action also ... trade
union on the issue, whether a particular workman should be recognized as a
protected workman then the dispute shall be referred to the Labour
comprised of 3 Sub sections. The said provision is intended to protect the workmen to have his service conditions remain unchanged during the pendency ... gives protection to the workmen by declaring certain workmen as "Protected workmen". In such cases under Section
supra), the workman became a protected workman for the
relevant period and it cannot be disputed that with respect to a protected
workman, a subsequent ... Assistant Labour Commissioner dated 14.6.2000 declaring
the workman to be a protected workman is an order without jurisdiction
because as per Rule 61(4) such
declared the workmen mentioned in the operative part of the order
(page No.149) to be 'the protected workman' for year
FIRs., the workers
had died because they were not provided with protective gears before being
asked to work in the manholes.
9. After considering ... Rajan became unconscious and ultimately declared
to be dead when he was taken to the hospital. The other
workman was feeling giddy and fell down
Company Ltd (In Liquidation vs The Official Liquidator Of on 14 October, 2011
Author: S
denial thereof denudes the workman the finer facets of life, violating Article 21 of the Constitution declared in the context of securing to them better ... effectively proper medical care and health conditions, extending medical facilities to protect the health of the workers to keep physically fit and mentally alert
definition of the term
'workman' and therefore they cannot be conferred the status of
'protected workman'.
4.5
Learned Senior Advocate ... persons are set out for whom the status of 'protected
workman' is sought for. But thereafter in the demand notice made for
the year
