Section 40 in West Bengal Industrial Disputes Rules, 1958
40. Groups of workmen's representatives.
- On receipt of the information called for under rule 39. the employer shall provide for the election of workmen's representatives on the committee in two groups - (1) those to be elected by the workmen of the establishment who are members of the registered trade union or unions, and (2) those to be elected by the workmen of the establishment who are not members of the registers trade union or unions, bearing the same proportion to each other as the union members in the establishment bear to the non-members :Provided that where more than half the workmen are members of the anion or any one of the unions, no such division shall be made :Provided that where a registered trade union neglects or fails to furnish the information called for under sub-rule (1) of rule 39 within one month of the date of the notice requiring it to furnish such information such union shall for the purpose of this rule be treated as if it did not existProvided further that where any reference has been made by the employer under sub-rule (2) of rule 39, the election shall be held on receipt of Vie decision of the Labour Commissioner.
