Section 71(4) in West Bengal Industrial Disputes Rules, 1958
(4)Where the total number of names received by the employer under Sub-rule (1) exceeds the maximum number of the protected workmen, admissible for the establishment, under section 33, sub-section (4), the employer shall recognise 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 recognised 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. A copy of this letter shall also be sent to the Labour Commissioner :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 recognised as protected workmen. Such selection shall be made by the union and communicated to the employer within 5 days of the receipt of the employer's letter.
