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State of Kerala - Section

Section 6 in Kerala Recognition of Trade Unions Rules, 2011

6. Enquiry on application for issue of certificate for recognition.

(1)On receipt of an application for certificate for recognition, the Registrar shall, within seven days from the date of receipt of such application, give notice to the trade union or the employer in Form B informing the time and date of enquiry and also the documents to be produced if any, for determining whether the applicant Trade Union fulfills the conditions laid down in Section 4 and for ascertaining whether there is any other Trade Union interested in submitting application for recognition.
(2)On receipt of the notice under sub-rule (1) the Trade Union or the' employer shall appear before the Registrar in person along with the required details on the time and date mentioned in the notice.
(3)The Registrar may, if necessary, require the applicant Trade Union or the employer to submit any other document, information or details. in their possession as he deems necessary for him to take a decision in the matter.
(4)The Registrar may hear the applicant if necessary or adopt any other procedure he deems fit for determining whether the applicant Trade Union fulfills the conditions laid down in section 4 and for ascertaining whether there is any other Trade Union interested in submitting application for recognition.
(5)The Registrar shall immediately after such enquiry, send notice to all other registered Trade Unions in the industrial establishment or a class of industry in a local area as the case may be, requiring it or them to inform within seven days from the date of service of such notice as to whether such Trade Union is interested in submitting application far certificate for recognition under the Act.
(6)A copy of the notice mentioned in sub-rule (5) shall also be sent to the employer of the industrial establishment or the class of industry concerned and require him to display it in the notice board of the industrial establishment or the class of industry as the case may be, immediately on receipt of it for the information of the Trade Unions.
(7)The Registrar, if necessary, may make other arrangements he deems fit to ensure that the information has reached the Trade Unions in the class of industry in a local area.
(8)On receipt of the notice under sub-rule (5) or sub-rule (7) the Trade Union shall furnish the required information within seven days to the Registrar, as to whether it is interested in submitting the application for certificate for recognition under the Act:Provided that the Trade Union interested in submitting application for certificate for recognition shall submit application in Form A in accordance with rule 5 to the Registrar within seven days of furnishing such information to the Registrar under sub-rule (8).
(9)The Registrar shall consider such application received, if any, under sub-rule (8), and proceed with the matter accordingly.