informed the Deputy Labour Commissioner, that Sri Thakur is a "protected workman" and during the conciliation proceeding he has been dismissed from ... respect of an industrial dispute, take any action against any protected workman concerned in such dispute:
(a) by altering, to the prejudice of such protected
should be construed in
a manner that the interests of the workmen are protected
and are not jeopardised and therefore, sub-section (7) of
Section ... prevent the closure of such undertakings and consequent
unemployment of workmen and thereby protect the
interests of the workmen who were employed in the
textile
workman-
(b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman:
Provided that no such workman shall ... passed is permissible against an ordinary workman, as distinguished from a protected workman, even during the pendency of proceedings before the Tribunal provided that
Companies Act in 1985 with a social
purpose viz. to protect dues of the workmen. If
conditions are not imposed to protect the right ... India, the Company Courts have a statutory duty to protect and rights of
workmen keeping in view the parri passu charge created in their favour
towards its workmen-citizens as a welfare state was bound to protect the workmen from exploitation and in that view of the matter inspite
services of the concerned workmen or not is wholly immaterial inasmuch as the services of the concerned workmen were protected in view of the fact ... protective nature is a feature of all developing welfare State which is consideration necessary because it leads to welfare without exploitation of workmen and makes
years is engaged for unloading, grading and
stacking of cabbage and the workmen should be classified
into two groups, one for unloading and another ... also significant
to note that the society has been formed
to protect the interest of the members.
The society cannot keep quiet by stating
furthermore observed :-
"18. Yet again the appellants being workmen, their
services were protected in terms of the Industrial
Disputes Act, 1947 . If their services ... inter alia on the premises that the burden to show that
the workman was gainfully employed during interregnum period was on the
employer. This Court
Reliance was placed on the judgment of this Court in Workmen of
M/s. Delhi Cloth and General Mills Ltd. vs. The Management ... that the settlement was just and fair and
protected the interest of the workmen. The recall of the order was
sought on the ground that
industrial relation wherein only the interest of the
workmen was sought to be protected with the avowed object of fast
industrial growth of the country
