Rules and Regulations of India

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Section 61 – Industrial Disputes (Central) Rules, 1957

61. Protected workmen

(1) Every registered trade union connected with an industrial establishment, to which the Act applies, shall communicate to the employer before the 18[30th April] every year, the names and addresses of such of the officers of the union who are employed in that establishment and who, in the opinion of the union should be recognized as “protected workmen”. Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change.

(2) The employer shall, subject to section 33, sub-section (4) recognize such workmen to be “protected workmen” for the purposes of sub-section (3) of the said section and communicate to the union, in writing, within fifteen days of the receipt of the names and addresses under sub-rule (1), the list of workmen recognized as protected workmen 18[for the period of twelve months from the date of such communication.]

(3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workmen, admissible for the establishment, under section 33, sub-section (4), the employer shall recognize as protected workmen only such maximum number of workmen :

PROVIDED that where there is more than one registered trade union in the establishment, the maximum number shall be so distributed by the employer among the unions that the numbers of recognized protected workmen in individual unions bear roughly the same proportion to one another as the membership figures of the unions. The employer shall in that case intimate in writing to the President or the Secretary of the union the number of protected workmen allotted to it:

PROVIDED FURTHER that where the number of protected workmen allotted to a union under this sub-rule falls short of the number of officers of the union seeking protection, the union shall be entitled to select the officers to be recognized as protected workmen. Such selection shall be made by the union and communicated to the employer within five days of the receipt of the employer’s letter.

(4) When a dispute arises between an employer and any registered trade union in any matter connected with the recognition of  “protected workmen” under this rule, the dispute shall be referred to the 17[any Regional Labor Commissioner (Central) or] Assistant Labor Commissioner (Central) concerned, whose decision thereon shall be final.

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