Section 4 in Kerala Recognition of Trade Unions Act, 2010
4. Application for certificate for recognition.
(1)Subject to sub-section (3), any registered Trade Union may apply in the^prescribed manner together with such tee as may be prescribed, to the Registrar for issue of certificate for recognition as a recognised Trade Union for an industrial establishment or a class of industry in a local area, as the case may be:(2)No such applications shall be entertained in respect of an industrial establishment or a class of industry in a local area, as the case may be, if there is already a recognised Trade Union under this Act in respect of such industrial establishment or class of industry, as the case may be, during the period of three years immediately following the date of recognition of that Trade Union by the employer concerned or as the case may be during the period extended under the proviso to sub-section (3) of section 9:Provided that such application shall be filed with the Registrar within the period of three years referred to in sub-section (2), if the recognition of the Trade Union concerned is cancelled or withdrawn under this Act during that period:Provided further that, in a case where a certificate for recognition has been granted, under sub-section (3) of section 5, subsequent application by any other Trade Union may be entertained by the Registrar on the expiry of a period of six months immediately following the date of recognition of a Trade Union by the employer concerned, subject to the condition that the Registrar shall not entertain any such application unless accompanied by a document containing the signatures of such minimum number of eligible workmen as is necessary for support for recognition as a constituent of the joint bargaining council:Provided also that the existence of recognised Trade Unions in respect of a class of industry in a local area shall not be a bar in submitting an application for issue of a certificate for recognition in a single industrial establishment belonging to that class of industry in a local area.(3)No Trade Union shall be eligible to apply for issue of a certificate for recognition under sub-section (1) unless, -(i)it has been functioning as a registered Trade Union in an industrial establishment or the class of industry in the local area, as the case may be, for a period of at least six months immediately preceding the date of filing of such application;(ii)the membership thereof is open to all workmen employed in the industrial establishment or the class of industry in the local area, as the case may be.
