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State of Gujarat - Section

Section 30 in The Gujarat Industrial Relations Act, 1946

30. Representative of employees.

- [Subject to the provisions of section 33A, the following shall be entitled to appear or act] [These words, figures and letter were substituted for the words 'The following shall be entitled to appear or act' by Gujarat 20 of 1972, section 3.] in the order of preference specified as the representative of employees in an industry in any local area-
(i)a Representative Union for such industry;
(ii)Qualified or Primary Union of which the majority of employees directly affecting the change concerned are members;
(iii)any Qualified or Primary Union in respect of such industry authorised in the prescribed manner in that behalf by the employees concerned;
(iv)the Labour Officer if authorised by the employees concerned;
(v)the persons elected by the employees in accordance with provisions of section 28 or where the proviso to sub-section (1) thereof applies, the employees themselves;
(vi)the Labour Officer:
Provided -Firstly, that persons entitled [to appear or act] [These words were substituted for the words 'to act' by Bombay 55 of 1949, section 5.] under clause (v) may authorise any Qualified or Primary Union in respect of such industry [to appear or act] [These words were substituted for the words 'to act' by Bombay 55 of 1949, section 5.] instead of them;Secondly, that were the Labour officer is the representative of the employees, he shall not enter into any agreement under section 44 or settlement under section 58 unless the terms of such agreement or settlement, as the case may be, are accepted by them in the prescribed manner;Thirdly, that in any proceeding the person entitled [to appear or act] [These words were substituted for the words 'to act' by Bombay 55 of 1949, section 5.] under clause (v) are more than five, the prescribed number elected from amongst them in the prescribed manner shall be entitled [to appear or act] [These words were substituted for the words 'to act' by Bombay 55 of 1949, section 5.] instead.