Recongnised and Unrecognised Union
Vikas Kr. Sinha
(Querist) 15 October 2008
This query is : Resolved
Dear Experts,
Kindly let me know a citation of a Supreme Court Judgement that:
**** Unrecognised Union cannot spouse the Dispute of "General Nature", which relates to all the workmen.
H. S. Thukral
(Expert) 16 October 2008
I have not heard of this. As far as I know even a group of workmen( Majority ) can espouse the dispute. In law there is no recognised or unrecognised Union. If it were so a management would never recognise a union and get rid of any ID for ever.
Murali Krishna
(Expert) 16 October 2008
I understood your query as un recognised unions have no right to participate in discussions relating to general issues concerning all workmen.
It it is so, refer to the judgement of Chairman, SBI Vs.All Orissa SBI officers association; AIR 2002 SC 2279.
However, Supreme Court held that even such association can discuss with management about grievances of any individual member.
Vikas Kr. Sinha
(Querist) 16 October 2008
Thank you Mr. Murali Krishna,
this is the citation I wanted.
After your help, I searched it in my library. It is also reported in 2002 Lab. I.C. 2153.
Actually this decision relates only the state of Orissa because there is provision like unrecognised union cannot take part in a discussion relating to the dispute affecting all the workmen of the industry. But such union can spouse the dispute relating to individuals or some of the workmen.
i.e. Verification of Membership and Recognition of Trade Unions' Rules 1994.
thanks again
Vikas
