Section 41B in The Orissa Industrial Disputes Rules, 1959
41B. Group of workmen's representatives.
- On receipt of the information called for under Rule 41-A, the employer shall arrange for the election of workmen's representatives on the Committee in two groups-(i)those to be elected by the workmen of the establishment who are members of the Trade Union or Trade Unions ; and(ii)those to be elected by the workmen of the establishment who are not members of the Trade Union or Trade Unions bearing as nearly as may be, the same proportion to each other as the Union members in the establishment bear to the non-members :Provided that-(a)where more than half of the workmen are members of the Union or any one of the Unions, no such division shall be made;(b)in the event of a Trade Union failing to furnish the information called for under Sub-rule (1) of Rule 41-A within one month from the date of notice requiring it to furnish such information the employer shall bring this to the notice of the Assistant Labour Commissioner concerned who in turn shall give notice to the Trade Union concerned to furnish the information so required by the employer, within fifteen days from the date of issue of the notice by the Assistant Labour Commissioner and in case of failure to furnish the information in response to the notice of the Assistant Labour Commissioner, such Union shall be deemed as if it did not exist, for the purposes of this Rule ; and(c)where any reference has been made by the employer under Sub-rule (2) or (3) of Rule 41-A, the election shall be held on receipt on the decision of the Assistant Labour Commissioner.]
