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Showing contexts for: unrecognised union in All Orissa State Bank Officers' ... vs Union Of India (Uoi) And Ors. on 24 November, 1998Matching Fragments
5. Admittedly, the verification of membership and recognition of Trade Unions Rules, 1994 (hereinafter referred to as the 'Verification Rules') framed by the State of Orissa are applicable to the petitioner-Association. Under Rule 18 of the Verification Rules the Union which secures not less than 30% of the total number of votes polled shall be entitled to be recognised. Rule 24 of the Verification Rules deals with the rights of the unrecognised Union. Rule 24 is quoted below :
"24. (a) Rights of Unrecognised Union. - To meet and discus with the employer or any person appointed by him in that behalf the grievances of any individual member relating to his service conditions.
(b) To appear on behalf of its members employed in the establishment in any domestic or departmental enquiry held by the employer and before the Conciliation Officer/Labour Court/ Industrial Tribunal or Arbitrator."
Rules 21 and 23 enumerate the rights of and facilities for recognised Unions. It is ex facie clear from the aforesaid Rules that a recognised Union has been conferred certain special rights and facilities and an unrecognised union cannot claim treatment at par with a recognised Union. However, an unrecognised Union is entitled to the limited rights conferred on them by the Verification Rules and the management of the Bank has no power or authority to deny such rights.
7. A recognised Union is accepted as a Union having the competence and numerical support to represent and to speak on behalf of all workmen even though all the workmen may not be members of that recognised Union. An unrecognised Union has no right to represent the entire body of workmen, but it has the right to speak for or represent workmen, who are its members individually or as a group. In case of any conflict between the demands of recognised Union and the demands of an unrecognised Union the management can accept the views of the recognised Union but the management cannot deny or refuse to entertain any representation from or to enter into any dialogue or discuss with the unrecognised Union is respect of grievance of any individual workman or a group of workmen belonging to the unrecognised Union. Acceptance of a demand and discussion over a demand is not the one and same thing. Right of raising grievance and discussion is a fundamental right and cannot be taken away totally. The Supreme Court in Balmer Lawrie Workers' Union, Bombay and Anr. v. Balmer Lawrie and Co. Ltd. (AIR 1985 Supreme Court 311) has made the position very clear. It has held :
"......Forming an Association is entirely independent different from its recognition. Recognition of a union confers rights, duties and obligations. Non-conferring of such rights, duties and obligations on a union other than the recognised union does not put it in an inferior position nor the charge of discrimination can be entertained. The members of a non-recognised association can fully enjoy their fundamental freedom of speech and expression as also to form the association.
The legislature has in fact taken note of the existing phenomenon in trade unions where there would be unions claiming to represent workmen in an undertaking or industry other than recognised union. Sec. 22 of 1971 Act confers some specific rights on such non-recognised unions, one such being the right to meet and discuss with the employer the grievances of individual workman. The Legislature has made a clear distinction between individual dispute affecting all or a large number of workmen. In the case of even an unrecognised union it enjoys the statutory right to meet and discuss the grievance of an individual workman with employer. It also enjoys the statutory right to appear and participate in a domestic or departmental enquiry in which its member is involved. This is statutory recognition of an unrecognised union. The exclusion is partial and the embargo on such unrecognised union or individual workman to represent workmen is in the larger interest of industry, public interest and national interest. Such a provision could not be said to be violative of fundamental freedom guaranteed under Art. 19(1)(a) or 19(1)(c) of the Constitution."