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State of Madhya Pradesh - Section

Section 17 in The M.P. Industrial Relations Act, 1960

17. Recognition of another union in place of existing Representative Union.

- [(1) If at any time any union makes an application to the Registrar for being recognised in place of the union already recognised as the Representative Union for an Industry in a local area on the ground that [it has large membership of the employees employed in such industry] [Substituted by M.P. Act No. 8 of 1978 (w.e.f. 1-1-1978).] the Registrar shall call upon the Representative Union by a notice in writing accompanied by a copy of the application to show cause within one month of the receipt of such notice why the applicant union should not be recognised in its place. An application made under this sub-section shall be accompanied by such fee as may be prescribed ;] [Substituted by M.P. Act No. 41 of 1981 (w.e.f. 26-1-1982).][Provided that no application shall be entertained under this sub-section unless a period of two years elapsed from the date of the issuance of certificate of recognition to the existing union under sub-section (2) of Section 13 :Provided further that the Registrar shall not entertain any application from a union for recognition unless a period of one year has elapsed from the date of disposal of the previous application of that union.] [Inserted by M.P. Act No. 41 of 1981 (w.e.f. 26-1-1982).]
(2)The Registrar shall forward to the Labour Court a copy of the said application and notice.
(3)[ If, on the expiry of the period of notice under sub-section (1), and after holding such inquiry as may be prescribed, the Registrar is satisfied that the applicant union complies with the conditions of recognition specified in Section 14 and that [its membership was, during the whole of the period of three months immediately preceding the date of the application under this section, larger than the membership of the representative union] [Substituted by M.P. Act No. 8 of 1978 (w.e.f. 1-1-1978).] he shall, subject to the provisions of Section 13, recognise the applicant union as the Representative Union for such industry in a local area.]
(4)On the recognition of the applicant union under sub-section (3), the recognition of the Representative Union shall stand cancelled.