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State of Gujarat - Section

Section 14 in The Gujarat Industrial Relations Act, 1946

14. Registration of union.

- On receipt of an application from a union for registration under section 13 and on payment of the fee prescribed, the Registrar, shall, if after holding such inquiry as he deems fit he comes to the conclusion that the conditions requisite for registration specified in the said section are satisfied and that the union is not otherwise disqualified for registration, enter the name of the union in the appropriate register maintained under section 12 and issue a certificate of registration in such form as may be prescribed:Provided -Firstly, that in any local area there shall not at any time be more than one registered union in respect of the same industry:Secondly, that in any local area the Registrar shall in respect of an industry register a union fulfilling the conditions necessary for registration as a representative Union in preference to one not fulfilling the said conditions and failing such a union, a union fulfilling the conditions necessary for registration as a Qualified Union in preference to one not fulfilling such conditions:[Thirdly, that -
(i)where two or more unions fulfilling the conditions necessary for registration apply in the same calendar month for registration in respect of the same industry, in any local area, subject to the provisions of the second proviso, the union having the largest membership of employees employed in the industry during the whole of the period of three calendar months immediately preceding that in which the applications were made shall be registered, and any application made in any subsequent calendar months shall not be considered by the Registrar until the applications made in the earlier calendar month are dispose of by him;
(ii)where a union fulfulling the conditions necessary for registration makes an application during any calendar month for registration in respect of an industry in any local area any application in any subsequent calendar month by any other union for registration in respect of the same industry shall not be considered by the Registrar until the former application is disposed of by him];
Fourthly, that the Registrar shall not register any union if he is satisfied that the application for its registration is not made bona-fide in the interest of the employees but is made in the interest of the employers to the prejudice of the interest of the employees;[Fifthly, that the Registrar shall not register any union if at any time, within six months immediately preceding the date of the application for registration or thereafter the union has instigated, aided or assisted the commencement or continuation of a strike or stoppage which has been held or declared to be illegal;Sixthly, that the Registrar shall not register any union, if the rules of the union relating to its members contain any provision debarring an employee in the industry concerned from being a member of such union on the ground that he is or is not an employee in any particular undertaking in the said industry.] [This portion was added by Bombay 74 of 1948, section 3.]