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State of Kerala - Section

Section 10 in Kerala Recognition of Trade Unions Act, 2010

10. Rights of recognised Trade Union.

(1)A Trade Union being the sole bargaining agent or a principal bargaining agent or a constituent of the joint bargaining council shall, in such manner and subject to such conditions as may be prescribed, have the right,-
(a)to raise issue and enter into collective agreement with the employer or employers on general questions concerning employment or non-employment or terms of employment and conditions of labour or any workmen in respect of the industrial establishment or class of industry in a local area, as the case may be, for which it is recognised:
Provided that where, in any local area, in addition to Trade Unions recognised for a class of industry, there are also recognised Trade Unions in individual industrial establishments belonging to that class of industry, the Trade Unions recognised for a class of industry shrill have the right to raise only such issues which concern that class of industry as a whole;
(b)to collect membership fee, subscriptions or any other dues payable by members of the Trade Union within the premises of the industrial establishment in such manner as may be prescribed;
(c)to put up or to cause to be put up a notice board on the premises of the industrial establishment in respect of which it is recognised and affix or cause to be affixed thereon notices relating to meetings, statements of accounts of its income and expenditure and other announcements which are not abusive, indecent or contrary to discipline or otherwise against the provisions of any law for the time being in force;
(d)for the purpose of prevention or settlement of any dispute regarding issues specified in clause (a), -
(i)to hold discussions with the workmen who are members of the Trade Union at a suitable place or places within the premises of the industrial establishment with the consent of the employer; and
(ii)to meet and, discuss with the employer or any person appointed by him for the purpose;
(e)to nominate its representatives on non-statutory bipartite committees like Production Committee, Welfare Committee, House Allotment Committee that might be set up by any employer in an industrial establishment.
(2)The rights of a Trade Union referred to in sub-section-(1) shall be without prejudice to the rights that any unrecognised Trade Union enjoys under the Industrial Disputes Act, 1947 (Central Act 14 of 1947).