PART III

RECOGNITION AND SCOPE OF REPRESENTATION OF TRADE UNIONS

9. Claim for recognition.

(1) No trade union of workmen the majority of whose membership consists of workmen who are not employed in any of the following capacities that is to say -

(a) managerial capacity;

(b) executive capacity;

(c ) confidential capacity; or

(d) security capacity,

may seek recognition or serve an invitation under section 13 in respect of workmen employed in any of the abovementioned capacities.

(1A) Any dispute arising at any time, whether before or after recognition has been accorded, as to whether any workman or workmen are employed in a managerial, executive, confidential or security capacity may be referred to the Director General by a trade union of workmen or by an employer or by a trade union of employers.

(2) A trade union of workmen may serve on an employer or on a trade union of employers in writing in the prescribed form a claim for recognition in respect of the workmen or any class of workmen employed by such employer or by the members of such trade union of employers.

(3) An employer or a trade union of employers upon whom a claim for recognition has been served shall, within twenty-one days after the service of the claim -

(a) accord recognition; or

(b) if recognition is not accorded, notify the trade union of workmen concerned in writing the grounds for not according recognition; or

(c ) apply to the Director General to ascertain whether the workmen in respect of whom recognition is being sought are members of the trade union of workmen concerned and give a written notice of such application to such trade union of workmen.

(4) Where the trade union of workmen concerned receives a notification under subsection (3)(b), or where the employer or trade union of employers concerned fails to comply with subsection (3), the trade union of workmen may report the matter in writing to the Director General.

(4A) The Director General, upon receipt of a reference under subsection (1A), or an application under subsection (3)(c), or a report under subsection (4) may take such steps or make such enquiries as he may consider necessary or expedient to resolve the matter.

(4B) For the purpose of carrying out his functions under subsection (4A) the Director General -

(a) shall have the power to require the trade union of workmen, the employer, or the trade union of employers concerned to furnish such information as he may consider necessary or relevant; and

(b) may refer to Director General of Trade Unions for his decision any question on the competence of the trade union of workmen concerned to represent any workmen or class of workmen in respect of whom recognition is sought to be accorded, and the performance of duties and functions by the Director General of Trade Unions under this paragraph shall be deemed to be a performance of his duties and functions under the written law relating to the registration of trade unions.

(4C) Where the matter is not resolved under subsection (4A) the Director General shall notify the Minister.

(5) Upon receipt of a notification under subsection (4C) the Minister shall give his decision thereon; where the Minister decides that recognition is to be accorded, such recognition shall be deemed to be accorded by the employer or trade union of employers concerned, as the case may be, as from such date as the Minister may specify; a decision of the Minister under this subsection may include a decision as to who are workmen employed in a managerial, executive, confidential or security capacity.

(6) A decision of the Minister under subsection (5) shall be final and shall not be questioned in any court.

10. Prohibition of strike, lock-out, picketing and termination of service pending recognition of a trade union.

(1) No workman shall go on strike or do anything which is rendered lawful by virtue of the proviso to section 40(1) for whatever reason during the pendency of proceedings under section 9, or after the decision of the Minister thereunder by reason of any dissatisfaction with such decision.

(2) No employer shall declare a lock-out or terminate the services of a workman once a trade union of workmen has served on the employer or a trade union of employers to which the employer belongs a claim for recognition under section 9 (2) in respect of workmen or a class of workmen:

Provided that this restriction shall not apply -

(a) where a dismissal is effected on disciplinary grounds; or

(b) where the claim for recognition has been resolved under section 9 (4A) or where a decision thereon has been made by the Minister under section 9 (5).

(3) For the purpose of subsection (2) “lock-out” includes -

(a) the closing of a place of employment; or

(b) the suspension of work; or

(c ) the refusal by an employer to continue to employ any number of workmen employed by him,

effected during the pendency of proceedings under section 9.

11. Trade unions accorded recognition.

Where a trade union has been accorded recognition in respect of any workman or class of workmen whether by a decision of the Minister or otherwise no other trade union shall make any claim for recognition in respect of the same workman or class of workmen unless a period of three years has elapsed after such recognition has been accorded or the trade union which has been accorded recognition is no longer in existence.

12. Trade unions not accorded recognition.

Where a claim for recognition under section 9 (2) is resolved under section 9 (4A), or where a decision thereon has been made by the Minister under section 9 (5), resulting in the trade union of workmen concerned not being accorded recognition, such trade union shall not make any further claim for recognition until six months have elapsed from the date of such resolution or decision.