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Unrecognised Union

(Querist) 25 February 2011 This query is : Resolved 
Here is a case of an organisation having about 3000 employees and also multiple unions. One of the Union have about 98% of employees as its member. This fact can be ascertained from the number of votes casted when the election of the office bearers helds thorugh secret ballot system. This Union is recognised by the management.The other unions donot have much membership. It is also revealed from one of the letter from the registrat of trade union that an union is having membership of 2750 and another is having 1565 mambers, besides few more union having small no. of membership.

My querry is :

1. Is it not the responsibility of the Registrar of Trade Union to veryfy the actual position when unions submitt their annual return? If Yeas what is the methodology?

2. Can the union having very less no of membership, raised an Industrial dispute on the issues of common interest? Can the Labour authorities are justified by calling the employer to participate in the Conciliation proceedings? Is it obligatory on the part of the management to attend such conciliation?

P.s.: The decision of the apex court in the matter of Chairman Of SBI and all orissa bank officers association may also referred.
Ajay Bansal (Expert) 27 February 2011
If minimum prescribe number of members are present in a union,then it will be registered.It does not matter what are percentage of members.
Kirti Kar Tripathi (Expert) 01 March 2011
Dear Acharya your this query requires time to be answered. I need time to answer this query with full legal position.
Rama mohan Acharya (Querist) 02 March 2011
Thank u Mr. Tripathi,
I shall wait for your valuable guidance.
Rama mohan Acharya (Querist) 22 March 2011
Mr.Kirtikar Tripathy,
I am waiting for your valuable opinion on the matter. Shall be grateful.


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