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State of Madhya Pradesh - Section

Section 13 in The M.P. Industrial Relations Act, 1960

13. Application for recognition as a Representative Union.

(1)Any union may apply in the prescribed form to the Registrar for recognition as a Representative Union in respect of any industry in a local area :[Provided that the Registrar shall not entertain an application by a union, whose application for recognition as a representative union has been rejected by him unless»a period of one year has elapsed from the date of such rejection.] [Inserted by M.P. Act No. 41 of 1981.]
(2)On receipt of such application and on payment of the prescribed fee the Registrar shall hold an enquiry in such manner as may be prescribed and if he is satisfied that such union fulfils the conditions necessary for recognition specified in Section 14, he shall enter the name of such union in the register maintained under Section 15 and shall issue a certificate of recognition in such form as may be prescribed :Provided that-
(i)[ where two or more unions fulfilling the conditions necessary for recognition apply for recognition in respect of the same industry in any local area in the same calendar month, the union having the largest membership of employees employed in the industry shall alone be recognised and no applications for recognition received in any subsequent calendar month shall be considered, until the applications received first in the earlier calendar month is disposed of by the Registrar;] [Substituted by M.P. Act No. 41 of 1981 (w.e.f. 26-1-1982).]
(ii)the Registrar shall not recognise any union if he is satisfied for reasons to be recorded in writing that the application for recognition is not made bona fide in the interests of employees but is made in the interests of employer;
(iii)The Registrar shall not recognise any union if at any time within six months immediately preceding the date of the application for recognition or thereafter the union has instigated, aided or assisted the continuation of a strike or stoppage which has been held or declared to be illegal.