61. Protected Workmen. - (1) Every registered trade union connected with an industrial establishment, to, which the Act applies, shall communicate to the employer, before the 30th. April 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, should be recognized as “protected workmen”. Any change in the incumbency of any such officer shall be communicated to the employer by the Union within fifteen days of such change. (2) The employer shall, subject to Section 33, sub-section (4) recognize such workmen to be protected workmen for a period of twelve months from the date of such communication for the purposes of sub-section (3) of the said section and communicate to the union, in writing, within fifteen days of the receipt of the names and address under sub-rule (1), the list of workmen recognized as protected workmen. (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 recognize 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 recognized “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:
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 recognized 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.
(4) When a dispute arises between an employer and any registered trade union where a particular workman should be recognized as a “protected workman” or not, the dispute shall, be referred to the Conciliation Officer concerned for decision. An appeal against the decision of the Conciliation Officer shall lie to the Labour Commissioner, Punjab, whose decision thereon shall be final.
61-A. Where any money is due from the employer to a workman or a group of workmen under a settlement or any award or under the provisions of Chapter V-A, the workman or the group of workmen, as the case may be, may apply in Form K-1, for the recovery of the money due:
Provided that in the case of a person authorized in writing by the workman or in the case of death of the workman, the assignee or heir of the deceased workman, the application by the authorized person or the assignee or heirs of the deceased workman, as the case may be, shall be made in form K-2.
(2) Where any workman or a group of workmen is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money, the workmen or the group of workmen, as the case may be, may apply to the specific Labour Court in form K-3 for the determination of the amount due or as the case may be, the amount at which such benefit should be computed.
(3) Where the Labour Court has determined the amount of benefit under sub-rule (2) the workman concerned may apply in form K-4 for the recovery of money due to him.
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