contrary to law. He also contended the question of majority union, minority union, recognized union is totally irrelevant. Once there exists a dispute and after ... union other than the recognized union does not put it on inferior position. Trade Unions Act confers some specific rights on such unrecognized unions, such
learned single Judge held that the complaints by the
unrecognized union under item 6 of Schedule IV of MRTU &
PULP Act were maintainable ... state their rights and obligations; to confer certain powers on
unrecognized unions; to provide for declaring certain strikes
and lockouts as illegal strikes and lockouts
made by the appropriate Government at the
instance of an unrecognized Union under Section 10(1) of the Industrial
Disputes ... such recognized union. He contended that since
the recognized union in the petitioner company was Bharat Forge Kamgar
Sangh, that union alone has exclusive right
learned single Judge held that the complaints by the
unrecognized union under item 6 of Schedule IV of MRTU &
PULP Act were maintainable ... state their rights and obligations; to confer certain powers on
unrecognized unions; to provide for declaring certain strikes
and lockouts as illegal strikes and lockouts
grievance was under item 6 of Schedule IV and
being an unrecognized union, the petitioner was not competent
to maintain ULP Complaint in relation ... been established in the matter by petitioner - Union.
26. The contention that petitioner - Union being
unrecognized, cannot maintain a complaint, also needs to be
considered
Pronounced on : 23-6-2009
Judgment :
1. This petition by an unrecognized union is directed
against the orders passed by the learned Member, Industrial
Court ... raised by the respondent-employer contending that such
complaints by an unrecognized Union were not tenable. This
objection itself was raised
union confers rights, duties and obligations. Non- conferring of such rights, duties and obligations on a union other than the recognized union does ... phenomena in trade unions where there would be unions claiming to represent workman in an undertaking or industry other than recognized union. Section
status of protected workmen to the office bearers of an unrecognized Union in Air India and that respondent No. 1 is a de-recognized Union ... trade union. In other words all that is required is that the Union must be registered. Admittedly in the instant case the Union is registered
Recommendations. He then
submits that the complaints were filed by an unrecognized Union and
hence, the complaints were not tenable.
6 He has then drawn ... Insofar as the submission of Shri Shah are concerned that an
unrecognized Union could not have filed the complaints, I am unable to
accept this
state their rights, and obligations; to confer certain powers on unrecognized unions; to provide for declaring certain strikes and lockouts as illegal strikes and lock ... privileges of permanent employees. Section 22 sets out the rights of unrecognized unions and gives them a right to meet and discuss with the employer
