unions itself is based upon non statutory procedure as per the Code of Discipline evolved by the tripartite labour conference. Therefore, he prayed for dismissal ... applicable to the industry, it is that Code that must be followed. The Code of Discipline does not provide for determining the majority character
recognised in BSNL after members verification As per agreed Code of Discipline, only one union, which gets majority votes subject to minimum of 15%, would ... BSNL as its 'Establishment'. Accordingly, as per the agreed Code of Discipline only one union which secures majority votes subject to a minimum
civil court."
16. The efficacy of recognition under the Code of Discipline and the power of this court to order elections came ... applicable to the industry, it is that Code that must be followed. The Code of Discipline does not provide for determining the majority character
extended to unrecognised unions. The principal contentions are the following : The code of discipline in industry evolved during the 15th National Conference in Nainital covers ... favour of the recognised union was given in accordance with the code of discipline which was formulated at the 15th Tripartite Labour Conference
Tamil Nadu Electricity Board represented by its Secretary (respondent) accepted the Code of Discipline by its letter dated 26-10-1965 stating that the Madras ... State Electricity Board has decided to accept the Code of Discipline in principle. It may be mentioned that the Code of Discipline itself was evolved
procedure suggested by the State Government as prescribed under the Code of Discipline for determining the representative status, as the said procedure is only recommendatory ... driven to take recourse to the procedure prescribed under the Code of Discipline, since that procedure is recommendatory in nature.
15. As against this submission
also extracted the criteia for recognition of unions under the code of discipline. It is appropriate to reproduce the same hereunder for better understanding ... Sridharan's case (cited supra). Ever since the Code of Discipline adopted in the tripartite labour conference was utilized. Since in the absence
Verification Process in accordance with the procedure in the Code of Discipline or through Conduct of Secret Ballot.
Writ petition ... core issue before the Division Bench was to the applicability of Code of Discipline. The said issue was answered with a direction to determine
respondent to hold elections to conduct the exercise as per the code of Discipline in the petitioner establishment, after giving due notice to the respondent ... criteria for recognition of Unions in terms of Annexure I to code of Discipline.
W.P.No.35540 of 2016
Strides Shasun Limited
Unit
Bank.
2. The contention of the petitioner is that the Code of Discipline was entered into between the first respondent-Bank and All India Overseas ... Bank Employees' Union on 05.10.1964. As per the said Code of Discipline, only those members, who are in service of the first respondent-Bank
