The protected workmen itself is a status recognised by the employer of the list submitted byt he Union. It is true that the employer can refuse to recognise those workers against whom any disciplinary action is in process but normally the list would be approved as such. If the union has already given a list (of one percent subject to a minimum of five persons) and the employer approved it, then they cannot add any more just because one of the office bearers has been left of the list. Let them wait for the next year to include him.