Section 61(3) in Industrial Disputes (Punjab) Rules, 1958
(3)Where the total number of names received by the employer under sub- rule (1) exceeds the maximum number of 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. [In absence of an agreement between the registered trade unions, the number of protected workmen to be allocated to various unions shall be determined by the Conciliation Officer on the representation of any of the registered trade union on the basis of verified membership of each union:] [Inserted vide Punjab Government Notification No. GSR 40/C.A. 14/47/Section 38/Amd. (5)/75, dated 21st March, 1975.]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 unions 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 five days of the receipt of the employer's letter.
