Rule 57. Protected workers under sub-section (3) and (4) of section 90

(1) Every registered Trade Union connected with an industrial establishment, to which the Code applies, shall communicate to the employer before the 30th April of 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 shouldberecognisedasprotectedworkers.Anychangeintheincumbencyofanysuchofficershallbe communicated to the employer by the union within fifteen days of suchchange.

(2) The employer shall, subject to sub-section (3) and sub-section (4) of section 90, recognise such workers tobeprotectedworkersforthepurposesofsection90andcommunicatetotheUnion,inwriting,within fifteen days of the receipt of the names and addresses under sub-rule (1), the list of workers recognised as protected workers for the period of twelve months from the date of suchcommunication.

(3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workers, admissible for the industrial establishment, under sub-section (4) of section (90), the employer shall recognise as protected workers only such maximum number ofworkers:

Provided that where there is more than one registered Trade Union in the industrial establishment, the maximum number shall be so distributed by the employer among the Unions that the numbers of recognised protected workers in individual Unions bear practicably by 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 each concerned Union the number of protected workers allotted toit:

Provided further that where the number of protected workers 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 recognised as protected workers. Such selection shall be made by the Union and communicated to the employer within five days of the receipt of the employer‘s letter in this regard.

(4) When a dispute arises between an employer and any registered Trade Union in any matter connected withtherecognitionof‗protectedworkersunderthisrule,thedisputeshallbereferredtotheofficer of the Labour Department authorized by the State Government, whose decision thereon shall befinal.