The Kerala Recognition of Trade Unions Act, 2010

Act 16 of 2010

14th October 2010

An Act to provide for the recognition of Trade Unions for facilitating collective bargaining and to check multiplicity of Trade Unions in industrial establishments and for matters connected therewith or incidental thereto. Preamble.—WHEREAS, it is expedient to provide for the recognition of Trade Unions for facilitating collective bargaining and to check multiplicity of Trade Unions in industrial establishments and for matters connected therewith or incidental thereto; BE, it enacted in the Sixty first Year of the Republic of India as follows:—

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S.1 Short title, commencement and application

(1) This Act may be called the Kerala Recognition of Trade Unions Act, 2010.

(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

(3) It applies to,—

• (a) every industrial establishment situated in Kerala, except the industrial establishments for which Central Government is the appropriate Government under the Industrial Disputes Act, 1947 (Central Act 14 of 1947) wherein fifty or more workmen, are employed or were employed any day of the preceding twelve months;
• (b) every registered trade union functioning in such industrial establishment:

Provided that the Government may, after giving not less than sixty days notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of persons less than fifty, as may be specified in the notification.

S.2 Definitions

(1) In this Act, unless the context otherwise requires,—

• (a) "any class of industry" means such group of industries as may be notified by the Government as comprising a particular class on the basis of their activities;
• (b) "constituent of joint bargaining council" in respect of an industry or an industrial establishment means a registered Trade Union recognised as constituent of the joint bargaining council under section 9;
• (c) "employer" shall have the same meaning as in clause (g) of section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947);
• (d) "Government" means the Government of Kerala;
• (e) "industrial establishment" shall have the same meaning as in clause (ka) of section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947);
• (f) "industry" shall have the same meaning as in clause (j) of section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947);
• (g) "Local area" means suc
  

S.3 Appointment and powers of Registrar

(1) The Government may by notification in the Official Gazette, appoint an officer subordinate to it to be the Registrar for recognition of Trade Unions, for the purpose of exercising such powers and performing such duties as may be prescribed.

(2) The Government may appoint as many Additional and Deputy Registrars for recognition of Trade Unions as it thinks fit for the purpose of exercising and discharging, under the superintendence and direction of the Registrar for recognition of Trade Unions, such powers and functions of the Registrar under this Act as it may, by order, specify and define the local limits within which any such Additional or Deputy Registrar for recognition of Trade Unions shall exercise and discharge the powers and functions so specified.

(3) Subject to sub-section (2), where an Additional or Deputy Registrar for recognition of Trade Unions exercises and discharges the powers and functions of a Registrar in an area within which the registered off

S.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 fee 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 recogniti

S.5 Issue of certificate for recognition

(1) On receipt of an application under section 4 and on payment of prescribed fee, the Registrar shall give such notice to other Trade Unions functioning in an industrial establishment or a class of industry in a local area, as the case may be, and shall hold such enquiry as may be prescribed for determining whether the applicant Trade Union fulfils the conditions laid down in section 4 and for ascertaining whether there is any other Trade Union interested in submitting application for recognition.

(2) If, on completion of the enquiry under sub-section (1), the Registrar is satisfied that the applicant Trade Union,—

• (i) does not fulfil all or any of the conditions laid down in sub-sections (2) and (3) of section 4, he shall reject the application and intimate the reasons for such rejection to the Trade Union;
• (ii) fulfils all the conditions laid down in sub-section (3) of section 4 he shall proceed to take action as hereinafter provided.

(

S.6 Withdrawal or cancellation of certificate for recognition

A certificate for recognition issued to a Trade Union may be withdrawn or cancelled by the Registrar, if he is satisfied that the certificate has been obtained by fraud or misrepresentation or that the Trade Union has ceased to exist or the Trade Union has lost the requisite percentage of membership or has violated any of the provisions of this Act:

Provided that not less than 30 days' notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate and opportunity of being heard shall be given by the Registrar to the Trade Union concerned before the certificate is withdrawn or cancelled.

S.7 Appeals

(1) Any Trade Union, the certificate for recognition of which has been withdrawn or cancelled under section 6 or any Trade Union aggrieved by the refusal to issue certificate for recognition by the Registrar under section 5 may within a period of three months from the date of such withdrawal or cancellation or refusal and on payment of such fee as may be prescribed, prefer an appeal before the authority specified by Government in this behalf.

(2) An appeal under sub-section (1) shall be in such form and contain such particulars and accompanied by such fee as may be prescribed.

(3) The appellate authority may, after such inquiry as it may deem sufficient and after giving opportunity to hear the affected parties, dismiss, reverse, confirm or modify the appeal or pass an order within such time as may be prescribed directing the Registrar to issue a certificate of recognition under the provisions of this Act and the Registrar shall comply with such order.

S.8 Eligibility for voting

All workmen, who are above the age of eighteen years and are in service for a period of one hundred and twenty days in a period of twelve months immediately before the date of announcement of an election to be held for the purpose of section 5 in relation to such industrial establishment or class of industry, as the case may be, shall be eligible for voting, provided any interruption caused by closure, lock-out, strike, lay-off, non-availability of work or leave shall not count towards interruption of service for the purpose of this section.

S.9 Recognition of Trade Union

(1) On receipt of the Registrar's Certificate directing recognition of Trade Unions under section 5, the employer or employers, as the case may be, shall grant in the prescribed manner and within the prescribed time, recognition to the Trade Unions as the sole bargaining agent or principal bargaining agent or constituent of the joint bargaining council, as the case may be, in relation to the industrial establishment or class of industry in a local area, as the case may be, to which the certificate relates.

(2) A Trade Union recognised under sub-section (1) shall also be recognised as the sole bargaining agent or principal bargaining agent or as a constituent of the joint bargaining council, as the case may be, by every federation, association or organisation of employers pertaining to the same industrial establishment or class of industry in the local area, as the case may be.

(3) Any recognition granted under this section shall be operative, subject to the provisions

S.10 Rights of recognised Trade Union

(1) A Trade Union being the sole bargaining agent or a principal bargaining agent or a constituent of the joint bargaining council shall, in such manner and subject to such conditions as may be prescribed, have the right,—

• (a) to raise issue and enter into collective agreement with the employer or employers on general questions concerning employment or non-employment or terms of employment and conditions of labour or any workmen in respect of the industrial establishment or class of industry in a local area, as the case may be, for which it is recognised:

  Provided that where, in any local area, in addition to Trade Unions recognised for a class of industry, there are also recognised Trade Unions in individual industrial establishments belonging to that class of industry, the Trade Unions recognised for a class of industry shall have the right to raise only such issues which concern that class of industry as a whole;

• (b) to collect membershi
  

S.11 Returns by recognised Trade Union

Every recognised Trade Union shall submit such returns to the Registrar on such dates and in such manner as may be prescribed.

S.12 Failure to submit returns

If default is made on the part of any recognised Trade Union in giving any notice or sending any statement or other document as required by or under any provision of this Act, every office bearer or other person bound by the rule of the Trade Union to give or send the same, or, if there is no such person, every member or the executive of the Trade Union, shall be punishable with fine which may extend to five rupees and, in the case of continuing default, with an additional fine which may extend to five rupees for each week after the first week during which the default continues:

Provided that the aggregate fine shall not exceed fifty rupees.

S.13 Penalty for failure or refusal to grant recognition

If any employer fails or refuses to grant recognition to a Trade Union as required under section 9, he shall be punishable with fine which may extend to five thousand rupees or with imprisonment which may extend to six months or with both.

S.14 Protection of lawful union activity

Every employer shall give protection in the prescribed manner for lawful union activity and such other reasonable opportunity including leave for attending negotiations or conciliations to representatives of sole bargaining agent or principal bargaining agent or joint bargaining council members.

S.15 Power to exempt

The State Government may, by notification in the Official Gazette, exempt any industrial establishment or class of industry in a local area, as the case may be, from the operation of the provisions of this Act.

S.16 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not in consistent with the provisions of this Act, as appear to it to be necessary or expedient, for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of two years from the commencement of this Act.

(2) Every order made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly.

S.17 Power to make rules

(1) The Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment, shall be without prejudice to the validity of anything previously done under that rule.