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State of Madhya Pradesh - Section

Section 16 in The M.P. Industrial Relations Act, 1960

16. Cancellation of recognition.

- The Registrar shall cancel the recognition of a union-
(a)if the Industrial Court directs [under sub-section (3) of Section 22 or Section 69] [Substituted by M.P. Ad No. 34 of 1961.] that the recognition of such union shall be cancelled;
(b)if after giving notice to such union to show cause why its recognition should not be cancelled on the grounds specified therein and after holding an enquiry in the prescribed manner he is satisfied-
(i)that it was recognised under mistake, misrepresentation or fraud; or
(ii)that the membership of the union has for a continuous period of three months fallen below the minimum required under Section 14 for its recognition :
Provided that when a strike or stoppage which is not illegal or a lock-out or closure has extended to a period exceeding fourteen days in any month, such month shall be excluded in computing the said period of three months :Provided further that recognition of a union shall not be cancelled under the provisions of this sub-clause unless its membership for the month in which the show-cause notice under this section was issued was less than such minimum; or[(ii-a) x x x] [Omitted by M.P. Act No. 11 of 1980 (w.e.f. 7-8-1980).]
(iii)that the Representative Union is not being conducted bona fide in the interests of employees but in the interests of employers to the prejudice for the interests of employees; or
(iv)that the membership of such union is no longer open to all employees employed in the local area concerned and that the membership is refused to employees of such area on unsatisfactory or unreasonable grounds; or
(v)that the union has ceased to function according to its constitution; or
(vi)that it has instigated, aided or assisted the commencement or continuance of a strike or stoppage which has been held or declared to be illegal;
(vii)[ that it has sponsored, declared or supported a strike in violation of the provisions contained in clause (iii) of Section 14;] [Inserted by M.P. Act No. 41 of 1981 (w.e.f. 26-1-1982).]
(c)if its registration under the Indian Trade Unions Act, 1926 (XVI of 1926), is cancelled.