Section 5(4) in Kerala Recognition of Trade Unions Act, 2010
(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).
