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The legal position on protected workmen status under the Industrial Relations Code, 2020 is clear: a trade union’s nomination initiates the recognition process, but does not automatically confer protected workman status. Recognition requires compliance with statutory procedures and satisfaction of eligibility conditions.
This blog examines the legal framework governing protected workmen, the recognition process under Rule 39 of the Industrial Relations (Central) Rules, 2026, and key judicial principles that define the rights and obligations of both employers and trade unions.
Legal Foundation: Section 90, Industrial Relations Code, 2020
The concept of protected workmen is rooted in Section 90(3) of the Industrial Relations Code, 2020, which provides special protection to certain trade union representatives during the pendency of industrial disputes.
During pending conciliation or tribunal proceedings, the employer cannot alter service conditions to the prejudice of a protected workman, nor discharge, dismiss, or punish them without obtaining express written permission from the authority before which proceedings are pending.
Who Can Be a Protected Workman?
A protected workman is not just any union representative. To qualify, a person must satisfy all of the following conditions:
- Be an executive member or office-bearer of a registered trade union connected with the establishment
- Be recognised as a protected workman in accordance with the rules made in this behalf
- The union’s nomination initiates the process, but does not automatically confer protected workman status.
The Supreme Court in P.H. Kalyani v. Air France, Calcutta (1963 AIR 1756) held that protected status requires a positive act of recognition; a mere union letter does not automatically confer protected workman status.
Purpose of Protection
Trade union leaders represent workers in collective bargaining and industrial disputes. They negotiate wages, raise grievances, question management decisions, and safeguard workers’ interests.
The statutory protection exists to prevent victimisation of genuine union representatives, not to provide immunity from misconduct. As the Kerala High Court in HLL Lifecare Ltd. v. Hindustan Latex Labour Union (2010) observed, protected workman status cannot be used as a pre-emptive shield to frustrate bona fide disciplinary proceedings.
Protected Workman Quota
The Industrial Relations Code, 2020 prescribes the following limits:
| Parameter | Limit |
| Percentage of total workers | 1% |
| Minimum | 5 protected workmen |
| Maximum | 100 protected workmen |
Where more than one registered trade union exists, the quota is distributed proportionately based on membership strength.
Rule 39 Process – Industrial Relations (Central) Rules, 2026
The recognition process under the Industrial Relations (Central) Rules, 2026 requires strict adherence to the following steps:
| Step | Action | Timeline |
| Step 1 | Trade union communicates names of proposed protected workmen to employer | Before 30 April every year |
| Step 2 | Employer communicates recognition or objections in writing | Within 15 days of receipt of names |
| Step 3 | Recognition remains valid for 12 months from the date of communication | Renewable annually |
| Step 4 | Any change in incumbency of office-bearers must be communicated by the union | Within 15 days of such change |
| Step 5 | If recognition is refused or a dispute arises, the matter is referred to the competent labour authority | Decision is binding for that recognition period |
Important Judicial Principles
| Case | Principle |
| P.H. Kalyani v. Air France, Calcutta (1963 AIR 1756) – Supreme Court | Protected workman status is governed by the statutory recognition process and does not arise merely because a union nominates an employee |
| HLL Lifecare Ltd. v. Hindustan Latex Labour Union – Kerala High Court (2010) | Protected workman status cannot be used as a pre-emptive shield to frustrate bona fide disciplinary proceedings |
| Voltas Ltd. v. Voltas Employees’ Union – Delhi High Court (2007) | An employer is entitled to verify whether nominated employees satisfy statutory requirements, including whether they are validly elected office-bearers in accordance with the union’s rules, before granting recognition. A union’s refusal to provide information about elections entitles the employer to decline recognition |
Grounds for Employer to Reject Nomination
Employers may lawfully refuse recognition where nominees fail to meet statutory requirements, subject to recorded reasons and possible review by the competent authority.
The following grounds have been judicially recognised:
| Ground for Rejection | Judicial Basis |
| Pending disciplinary proceedings | Employers may refuse recognition to nominees facing disciplinary action |
| Suspended office-bearers | Suspension for misconduct and pending disciplinary proceedings justify refusal |
| Failure to prove valid election/appointment | Employer entitled to verify election process and office-bearer status |
| Service-related or criminal allegations | Allegations affecting fitness for protected status |
| Workman found guilty of misconduct | Employee found guilty of misconduct cannot be considered for recognition |
| Quota exhausted | Establishment has reached maximum permissible limit |
| Not a genuine office-bearer | Nominee must hold valid position in the union |
Key Takeaway for HR & Employers
- A trade union’s nomination is only the first step – not the final one
- Protected workman status arises only after compliance with Section 90 of the Industrial Relations Code, 2020 and Rule 39 of the Industrial Relations (Central) Rules, 2026
- The law protects genuine trade union representatives from victimisation during industrial disputes
- It does not provide immunity from lawful disciplinary action or misconduct
- Employers have the right to verify whether nominated employees satisfy statutory requirements
- Recognition is valid for 12 months and renewable annually, subject to union communication of incumbency changes
- Fairness for workers and fair process for employers – that is the balance the law intends.
Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy of the information, the provisions of the Industrial Relations Code, 2020, the Industrial Relations (Central) Rules, 2026, and any related notifications are subject to official amendments, judicial interpretations, and state-specific rules. Employers, institutions, and individuals are strongly advised to consult qualified legal professionals or certified compliance experts for specific guidance tailored to their circumstances. We do not accept any liability for any loss, damage, or legal consequence incurred as a result of reliance on the information contained herein.