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Section 61: Protected ·orkmen

The Industrial Disputes Rule 1957State Rules of Chhattisgarh · 1947

(I) Every registered trade union connected with an industrial e tabli hment. to which the Act applies, shall communicate to the employer before the 30th September every year, the names and addresses of such of the officers of the union who are employed in the establishment and who, in the opinion of the union. should be recognised 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), recognise 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 (I), the list of workmen recognised as protected workmen, and shall forward a copy of the said communication to the Conciliation Officer concerned.

(3) Where the total number of names received by the employer under subrule (I) exceeds the maximum number of protected workmen, admissible for the establishment, under sect on 33, sub-section (4), the employer shall recognise as protected workmen only such maximum number of workmen:

Provided that. wher~ there is more than one registered trade union in the establishment. the maximum number shall be so distributed by the employer among the union that the numbers of recognised protected workmen in individual unions bear roughly the same proportion to one another as the membership fi_gure of the unions. The employer shall in that case intimate in writing to the President or the Secretary of the union the number or 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 recogni~ed 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 1 641 ndu~trial Di 61-· . PUie R I ~- 1 the d1 pule shall be referred 1 1 u c, 1c,57 . r1I c. I II b fi o t 1c o 1· I I t111S . there on s m e mal. nc1 •ataon Offi i aoll •c rco d de' '[6z. Application for recovery or d rn h< loyer to a workmen or a group of ue k-( l ) Wh re ny m , 11 llldPer the provisions of Chapter V-A thwor men under a ttlcmoncy • due: fr rn 1111 I . , e workman ent an d or se rnnY be, may app y m Form K-1 for th or the group of W<>f\mcn ' ,11ecllprovided that in the case of a person 8 the re_cov~ry of the money due d h II orased 111 • • h case of the eat of the workman th . writing by thew,..., __ _ ·11 t e 1· . I II • e as ignce h . Vl"''IAII°' 1 rklllan, the app 1cat1on s 1a be made in Form K-2 or ear of the - k . (2) Where any wor man or a group of work . .

b fi . men as entitled t .

1 loyer any money or any ene 1t which is capable ofbei O recc1~ from the ell pey the workman or the group of workmen as th ng computed m tcnn of (11011 , C . F ecasemaybe ified Labour ourt m orm K-3 forthedetermin t' f .mayappl tothc spec I I . I a ion o the amount d C ase may be, t 1e amount at w 11c 1 such benefit sho Id be ue or. the . . . u computed J 63, Appomtment of Comm1ss1oner.- Where it · · d b . ( 3 as neces ary to appo· t C rnmissioner un er su -section ) of section 33-C of th A h 111 1 o . . I • . e ct, t e Labour Court rnaY appo_mt a ~erdson ~1 1 t d1 _experience m the p~rticular industry, trade or business . volved 111 the 111 ustna 1spute or a person with experience a • d f .. in . d' . saJu geo aC1 ti court, or a~ a st1pen 1a!)' magistrate or as a_ R~gistrar or Secretary of a Labour Coua1, or Tribunal con st 1tuted under any Provmc1al Act or State Act or of Labou court, or Tribunal constitu~ed u_nder the Act or of a Labour Appellate ~ribuna~ constituted under the I ndustnal Disputes (Appellate Tribunal) Act, 1950.

Where this provision sits

ActThe Industrial Disputes Rule 1957
Section61
Marginal noteProtected ·orkmen
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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