Section 5 in Kerala Recognition of Trade Unions Act, 2010
5. Issue of certificate for recognition.
(1)On receipt of an application under section 4 and on payment of prescribed fee, the Registrar shall give such notice to other Trade Unions functioning in an industrial establishment or a class of industry in a local area, as the case may be, and shall hold such enquiry as may be prescribed for determining whether the applicant Trade Union fulfils the conditions laid down in section 4 and for ascertaining whether there is any other Trade Union interested in submitting application for recognition.(2)If, on completion of the enquiry under sub-section (1), the Registrar is satisfied- that the applicant Trade Union, -(i)does not fulfil all or any of the conditions laid down in sub-sections (2) and (3) of section 4, he shall reject the application and intimate the reasons for such rejection to the Trade Union;(ii)fulfils all the conditions laid down in sub-section (3) of section 4 he shall proceed to take action as hereinafter provided.(3)If there is only one applicant Trade Union in respect of an industrial establishment or a class of industry in a local area, as the case may be, fulfilling the conditions laid down in sub-section (3) of section 4, the Registrar shall enter the name of that Trade Union in the prescribed register to be maintained by him for this purpose and, within such time as may be prescribed, grant a certificate in the prescribed manner to the applicant Trade Union directing recognition of that Trade Union by the employer concerned and upon such recognition, that Trade Union shall be the sole bargaining agent in respect of the industrial establishment or the class of industry, in the local area, as the case may be.(4)If there are more than one applicant Trade Unions in respect of an industrial establishment or a class-of industry in a local area, as the case may be, fulfilling the conditions laid down in sub-section (3) of section 4, the Registrar shall arrange to hold an election by secret ballot in the prescribed manner in order to ascertain which of the applicant Trade Union secures the largest number of votes, being more than fifty one per cent, of the votes cast by the workmen employed in the industrial, establishment or the class of industry in the local area, as the case may be, and after recording the name of the Trade Union securing the largest number of votes as aforesaid in the prescribed register to be maintained by him, for the purpose, grant a certificate in the prescribed manner and within such time as may be prescribed to that Trade Union directing recognition of that Trade Union by the employer concerned and upon such recognition, that Trade Union shall be the sole bargaining agent in respect of the industrial establishment or the class of industry in the local area, as the case may be:Provided that the rest of the Trade Unions obtaining-ten percent votes in a class of industry or fifteen percent votes in an industrial establishment will have all the rights of a recognised Trade Union and will be a party to a settlement. But in the event a consensus could not be arrived at, the sole bargaining agent will have the right to sign the settlement which will be binding under section 12 (3) of the, Industrial Disputes Act, 1947 (Central Act 14 of 1947).(5)The Registrar shall record the names of such Trade Unions as have secured not less than ten per cent of votes east by the workmen employed in any class of industry in the local area or not less than fifteen per cent of votes cast by the workmen employed in the concerned industrial establishment, as the case may be, in the prescribed register to be maintained by him for the purpose and grant certificates in the prescribed manner and within such time as may be prescribed to such Trade Unions directing the employer concerned to recognise such Trade Unions as constituents of the joint bargaining council in respect of the industrial establishment or the class of industry in the local area, as the case may be, and from amongst such unions, the Trade Union securing, the largest number of votes shall be given a certificate in the prescribed manner and within such time as may* be prescribed directing the employer concerned to recognise the same as the principal bargaining agent in the joint bargaining council in respect of the industrial establishment or the class of industry in the local area, as the case may be, provided the said Union has secured not less than forty percent of the votes cast by the workmen.(6)The constituents of the joint bargaining council shall have the right to participate in any negotiation, discussion or settlement concerning the workmen employed in the industrial establishment or the class of industry in the local area, as the case may be Two or more Trade Unions recognised as constituents of the joint bargaining council together having more than fifty percent of the votes in such election shall be entitled to sign any settlement in a case where there is no principal bargaining agent.(7)Where there is a principal bargaining agent in a joint bargaining council, no settlement shall be entered into by the concerned industrial establishment or the class of industry in the local area, as the case may be, without the principal bargaining agent as a party.
