The Kerala Recognition of Trade Union Act

@
Govemmenet of Ke,rala
9*og m:6aclcd
20n0
KERALA GAZETTE
-- -: v
e6og ocnrod
EXTRAORDINARY
GroruC(l)CO6TDo
fugLrsHED By AUTHoRrry r
Tlriruvanantlrapuratn, Zgth October 20 t0 !
FridaY 2010 adcsc m:6 29 No.
o10;ormflo)0{oo t lth Karthika Lg32 crmx6
el0ggll W32 ac6<oro-r'l a,o7
GOVERNMENT OF KER.ALA
Law ( Legislation-C ) Dgpartment
NOTIFICATION
No. 6875il-eg . C2/20091Law. D ate d, Thiruva nanth (rpur am,
The fbllirwing Act of the Kerala state Legislature is hereby publishal for
ganoal infonnation. The Bill zs passul by the Legislative Assenbly reeived'the
assent of the President on the 14th day of October, 2010.
By order of' the Govemo4
K, Meorrusr.iDAluAN Netn,
Special Secretary fiaw).
Reg.No" (081. cnmld
Kr/w(hr) fta2009-201I
],,,,
PRINTED A}ID PUBLISHED BY T}IE SUPERNTENDENT OF GOVERNMENT PRESSES
,/$ THE GOVERNMENT CENTRAL PRESS, THIRUVAI{A}.ITHAPIJRAI,I, 2010.
3314146/20 10.
2
ACT 16 0F 2010
T'F{E KER.AI;\ RECCGNITxON OF'' TR.ADE TJNIONS ACq 2()tr0
An Acl to provide for the reco:gnition of Trade Union.s f'or fttcilitating
collectiye burgaining and to check'ntultiplicitv oJ'Trade fJnion,s in
iu.dustrial estublishment,s and .for matter.s connected thereytith or
i.ncidental thereto.
Preamble.--Wtntuias, it is expuiient to provicle for the recognition of Trade
IJnions for facilitatlng collective bargaining irncl to check multiplicity of Tracle
Unions in industrial establishrnents and f,on rnatters connected therewittr or
incidental thercto;
Bn, it enactul in the Sixty first Year of the R.qrubllc of Xndia as follows:-
l. ,lhort title, cornniententent and application.--(tr) This Act rnay be callul
the Kerala Recognition ot'Trade [Jnions Act, 2"010.
(2) It slhall come inlo force on such date as the Govemment may, by
nttificatrion in the Oflicial Gazette, irppoirrt.
(3) It applics tro,-
(a) every inclustrial establisllment siturated in Kerala, except the
induslriatr establishnacnts lbr which Centrai Govenlnielet is the appropniate
Govemment tmrier the Industrial Disputes Act, 1947 (Central Act l4 of 1947)
whrrein fifty or more workruerl, are uuployed or wcre employed any ciay of the
preceding twelve montrhs;
(b) evcry regis{cred trade dnion l'umctroning in such industnal
establishinenl:
Providerl that tlre Governriaeut nlay, after giving not lcss than sixty ilays
notice of its inteir{ion so lo rXo, by lrotlfication ju the Oi{icial Gazcttc, appl-v- the
provirions of.this Act 1o iuly indus;trdal establisltmcnt culployrng such nrnuber o{'
pcrsons tcss than fifly, as may bc specif-lr:d in the notiiicatrion.
3
2.. Definition"'.{1) hr this Act, rmless the context otherwise requires,-
(a) t'ary class of i'dustry" rnears such group of inrlustries as may be
notified by the Goverrunent as comprising a pal'ticulzr class on the basis of tleir
activities ;
ft) "corlstihrent of ioi't bargarning council" in lespect of an industry or
an indus{rial establishmeht means a registered rracle Unjon recognisetl as
constituent of'the ioint bargaining council under section 9 ;
. (c) 'jemploycr'r shall have dre sarne meaning as in clause (g) of section
2 of,the trndustrial Disputes Ac!, 1947 (CentralAct 14 of 194.1);
(d) "Gourrrrrn&tl' ureans the Govemrnmt of Kerala ;
(e) "in<Xustrial establishment" shaltr havc; the sarne meaning as in clause
(ka) of section 2 of the Industrial Disputes Act, 1947 (central Act tr4 of 1947) ;
(0 "industly" shall have the sarne meilning as in clause fi) of section 2
ol the Industrial Disputes Act", 1947 (Curtral Act 14 of 19,17) ;
(g) "Local area" fi)eans such area comprislng,, the whole or part of
Ke,rala as the Govemffrent rnay specily'by notification ir; the officint Gazette, fur
relation to'any class of indusfiy ;
(h) "prescribecl" ilneans prescribed by niles rlade undcr this Act;
(1) "principal bargaining agent" in respect of an inclustry or an
rndustrial establishme,nt rneans a registenal Tracle Union recognised as a pnncipal
bargalning agent rurcler Section 9 ;
0) "recognised rrade Union" meai:rs a Trade union recognisecl under
sectiorr 9 of'this Act;
(k) "Registrar" rneiuls the Reglstrar for recognition ofi rracle uniols
appointetn b)' the Government under sectign ,3 of this Act and includes anv
Additional or Deputy Regisuar for recognition of rrade unio's ; "
(l) "sole bargaining agent" in respect of an industry or industrial
establishrnellt means a registerecl Tlatle union recognised as sole bargaining
agent under.Swtion 9 ;
, (rn) "Trade Union" means a Tracle Union registerecl under the Trade
{_Inions g,ct, 192.6 (central Act 16 of 1926) ;
4
(n) "workmar" snali have the sarne rneitning
2 of ttre InclustriaX Disputes Act, \947 (Centr,tr Act 1,4
as in clause (s) of section
of 1 947).
(2) worcls and expressions used in this Act
defined in the Tiade Unions Act, 1926 (Cenh 
'tr 
Act
same nneaning respectively assigned to them try [he
and not clefinecl herein but
\6 of 1926;) shall have rhe
Centnal Act.
3' Appointment and p()wet's of Registrar.-(1) The Government rnay bynotification in the ofticiitl Gazette, appoint iur oificer subordinate to it to be theR.egistrar fbr iecognition of rracle Unions, rbr the purpose of. exercising suctrpowers iurd perfonning such duties as lnay be prescribal.
(2) The Governnlent rnay appoint as rnany Acrcritional and Deputy
Rcgistrars for recognition of rra.cle [_Jnions as it thinks trit for the purpose ol.
exercising ancl discharging, unclev the superintendence ancl directien of the
Registralr for recognition of rracre unions, such powers anci frrnctions of the
R.egistr;u under this Act as it may, by orcler, specily ancl deline the local lirnits
within which any sr.rch Arlditional or Deputy Registrar for recognition of rratleunions shali exercise eurcl crischarge the powers iurd functions so specified.
(3) Subject to sub-section (2), whue zur Adrlitional or Deputy Registrar
fo' recognitiou of rrade u'ions excrcises and clischarges the powers and
functions of a Rcgistrar in an area within which the registered oftice of a
recognisul registererl Trade union is situatal, the Aclclitional or Dqruty Registrar
for R.ecognition of rrade t-Inions shall be deemed to be the Registrar fbrRecognition of Trade Unions for the purpose of, this Act.
4, Application for certificate for recognition.-(r) Subject to sub-section(3), any registered Trade Union may apply ih the-prescribecl mimner togetherwit}r 1u$ f'ee as may be prescribu!, to the Registrar rbr issue of certificate forrecognrtlon as a recognised frade Union fbr an intlustrial establishment or a
class of industry in a local area, as the sase may be:
(2) No such applications shall be entertainecl in respect of an industrialestablishment or a crass of inclustry in ,, local a-rea, AS th" .rr" m'y bg if thereis already a rer"ogniial Tracle Uniur rurder this Act in respect of such industrialestablishment or class of ind.stry, as the case rnay be, ciuring the period of.three years immediately following the tlate of recogmtion or.that Trade union bythe employer concernecr or as the ca.se rnay'be cir,ring the periocr exteuded underthe proviso to strb-section (3) of section 9:
5
Provided that such application shall be filed with the Registrar within*the
period of three years ref'errerl to in sub-section (2), if the recognition of the
Tratle Union concented is cimcellecl or withdrawn uncler this Act during that
period :
Frovitlql fuither that, in a case where a certificate lbr recognition has been
granted, under sub-section (3) of section 5, subsequent application by any other
Trade union rnay be entertained by the Registrar on tlle expiry of a period of six
utonths immuliarely tbllowing the date of'recognition of a Trade Union by the
employer concerned, sub.iect to the corildition that the Registrar shall not
entertain any such application unless accompanied by a docrrnent containing
the signatures of such minimum number of eligible workmen as is.necessary {br
supporl for recognition as a coostituent of'the.joint bargaining council:
Provided also that the existence of recognised Tracle Unions in respect of a
class of, inclustry in a local area sh;rll not be a bar in submitting an application
fbr issue o1 a certiticate fbr recognition in a single industrial establishment
belonging to {hat class of industry in a local iuea.
(3). No Trade Umon shall be eligible to apply fbr issue of a certifrfirte for
recognition under sub-srrtion (l) rurlesg,--
(i) it has treen f'unctioning as a registered Tra<le Union in m industrial
cstablishlncnt or the class of industry in the local area, as the case rnay be, lbr
a period of at least six months irnmediately preculing the date of f-lling of such
application ;
(ii) the merntre'rship thereof is open to atrl workmen ernployeil in tire
industrial establislunent or the class of intldstry in the looal area, as the case
may be.
5. I.s,rue of certiJicate.for recognition.-(l) On receipt of au application
under soction 4 ancl on paymerlt of plescribul t'eg the Registnar shall give strch
notice to other Tracle Unions functioning in im industrial establishment ol a
class of industry in a local iueA, as the case may be, ancl shall hokl such €nqurry
. as may be prescribed for deternrining whether the applicaurt Tracle Unicxl fulfils
the conditions laid down in section 4 and fbr ascertainhg whether there is any
other 'lracle Union interested in sutrmittidg application f,or recognition.
(2) Iq on compXetion of dae
satisfiecl, that tlae appXisant T'racle
6
enqulry ur--lcle,r sutr-section (X), ttle R.egistrar is
{Jni.on, --
(i) cloes not lirlfil altr or any of the condrtions laid clown in
sub-strtions (2) anrl (3) of section 4, he shall reject the application and intrmate
the reasons for such rejection to the Trade Union;\
(ii) flrlfils zrll the conditions laid down in sub-section (3) ofisectron 4
he shall proceecl to take action as hereinafter providul.
(3) trf there is only one applicant Trarle {Jnion in respect of an industrial
establishment or a class of industry in a local atrea, as the case rnay be, frllfilling
the conditioras laid down in sub-section (3) of sq:tiotr 4, the R.egistrar slMll enter-
the name of that Trade [Jnion in dre prescribul register to tre rnaintafured by hiur
for this purpose and, within such time as rnay tre prescribul, grant a certificatc
in the prescribecl rnanner to the applicant Trade Union directing'recoglition of
that Tracle Union by the employer concerned and upon such recognilion, that
Trade Union shatrl be the sole baigaiuing ageilt in respect of the industrial
estatllishment or the class of in<trustry in the local area, as the case rnay tre.
(4) trf there ale firore than one appliczurt Tracle Unions in respect of,an
inclustrizrl establishrnent or aclass,of industry in a local atrea, as the case may be,
fulfilling the conditions laid down in sub-section (3) of section 4, the R,egistrar
shall a-rraulge to hold an etrection by secret ballot in the prescribed manner in
order to ascertain which of the applicant Trade Union secrtrr:s the largest nurnber
of votes, being more than fiff one per cent, of the votes cast by the workmen
employed in the industrial estatrlishrnent or the class of industry in the nocal
area, as the case may be, and after recorcling the name of the Trade Linion
securing [he largest nunrber of votes as afbresaid in the prescribed register to
tre maintained by him for the purpose, grant a cer{ificate ln the prescribed
nmnne,r and wilhin such tirne as may be prescribal to that. Trade Union dilectirrg
recognition of'that Trade Union by the ernployer concerned and ulron such
recognition, that Trade Union shall be tle sole hargaining agent in respect of
the jndustriatr establishment or the class of industry ill the local atrea, as the case
may be :
Provicled that the rest of the Trade l-lnions otrtarning ten per cent votes in
a class of industry or fifteen per cent votes in an,inriilstrial establishment will
have all the rights of a recognised Tracle {Jnion and will be a party to it
se(tlement. tsut in thc event a consensus coulcl not be arrivecl at, the so.le
bargaining agent wiltr have ttrre right to sign fhe settlernent wbich will be hinding
under section 12 (3) of the.Iuctustria-[ Disputes Act, 194] (Cqitratr Act X4 of 1941).
l
(5) Thc Rcgistrar shall record the nanres of such rrade unions as have
secured not less than ten per cent of votes cast by the workmen employed in
any class of industry in the krcal area or not less than tilteen per ce.nt of votes
cast by thc workmen cmployecl in the concemed inclustrial establishment, as the
cilse lnay be, in the prascribul register to be mrinlained by hinr for tlre purpose
and grant cefiificates in the prcscribed manner iuld within such tirne as may be
prescnbed to such Trade Unions clirecting the employer conccrnecl to rrcognise
sltch Trade Unions as constituents of the.joint bargaining council in respect of
the rndtrstrlal establishnrenl or the class of induslry in the local area, as the case
may lre, iulcl fiom alr ongst such unions, the Tracle union secudng. the largest
llulnbcr of voles shall be given a certificatc in the prescribcxl nraliner an<l within
s:uch tiule as may. be prescribal directing the employer concemed tro rccognise
tire same as the principal trargaining agent in the ibint bargaining council in
respect of the inclustrial i:stabljshment or tlae class of industry in the locan area,
as the case may be, provlded the saicl union has secured not less than 1orly
per cent of the votes cast by lXle workmen.
(6) The constituents of the ioint bargaining council shall have lhe right to
particiiate in any negoliation, discussion or settlcrnent conceming ihe workmen
enlpioyecl ln the industrial establishlnent or lire class of industry in the local
area, ?ls the case rnay be. Two or rnure Trade {Jnions recogniscd as c(x)stihlcnts
of the .ioint trargaining council together having nrore than fifty per cent of the
votes in silch election shatrl be entitrned 1o sign any.settlernent in a case wlicrc
lhere is llo pnincipal bargaining agent.
(7) where there is a principal bargaining agent fur a joint trargaimng council.
no settlernent shall be entered into by the concerned inclustlriil establishme'elt or
the class of induslry in the local area, as ttrre case may be, wilhout,lhe principat
tralgarning agent, as a party.
6. Ifiithdrav,al or eun.cellation o/ certi/i.cate for rccognilian.-A cc.rti{,icatc
fbr recognition issued to a Tracle union rnay be withcirawn or cancelled by the
R.egistrar, iI hc is satisfied that the certificate has been obtainecl tiy fraud or
misrcpresentatitln or that the Tracle Union laas ceasecl to exist or the Tracle
Ullittn has lost the reqtrisite llercen!agc of memtrcrshio or has violnte<l 2ny of
[he provisions of tiris Act:
Provided that not less than 30 clays' notice in writing specifying the
ground on which it is proposed to withdraw or cancel the certificate and
opportunity of being heanl shall be given by the Registrar to the Tracle union
concerned betbre the certificatp is withclrawn or cimcellecl.
7. Appeals.-(l) Any Tiacle union, the certificate for recognition of which
has been withdrawn or cancellul uncler section 6 or any Tracle union aggnevocl
by the refusal to issue certificate fbr recognition by the R.egistrlr tur{er section
5 may within a period of three months from the ilate of'such withdrawal or
cancellation or refusal and on payment 0f such fee as may be prescribed, prefer
arr appeal before the authority specified by Government in this behalf.
(2) An appeal under sub-section (l) shall be in such form zmd contain
such particulars and accomp:unied by such tr'ee as may be prescribecl
(3) The appellate authority rnay, afler such inquiry as it may deem
sufficient and after giving opportunity to hear the aft'ected parties,, rlismiss,
reversg confirm or modiff the appeal or pass an order within such tirne as may
be prescribed directing the Registrar to issue a certificate of recognition.un6er
thc provisions of this Act and the Registrar shall comply with such order.
8. Eligibility for voting.-All workmen, who are above the age of eighteen
years and iue in service fbr a period of one hunclrecl ancl twenty days in a
period of twelve months inunecliateiy bcfore thc date of, announccment of an
election to be held for the purpose of section 5 in relation to such inclirstrial
establishment or class of industry as the case may be, shall be eligible lbr
voting, providal.any intemrption causecl.by closure, lock:out, strikg"lay-off,
non-availability of work or leave shall'not count towarls intcmption of service
for the purpose of this section.
9. Recognition of rrade union.-(l) on receipt of rhe Registrar,s certitricate
directing recognition of Trade Unions uncler section 5, the employer or
enrployen, as'the case may be, shall grant in the prescribed miurner urd within
the prescribed time, recognition to the Tracle LJnions as the sole bargaining
ag€nt or principal bargaining ag€nt or constituent of the joint bargaining council,'as tle case may be, in relation to the industrial establishment or class of
industry rn a local area, as the case may be, to which the certificate relates.
9
(2) A Trade Union repognised under sub-section (l) shall also be
recognised ix 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 arca, as lhe case may
be.
(3) Any recognition granted under this section shall be operative,
subiect to the provisions of section 6, for a pedod of tlree years from the date
on which such recognition is $anted by the empklyer:
Provided that such recognition shall. continuc to be operative, after the
expiry of three years, fbr a periocl of six months or until a fresh recognition is
grantal in its placg whichever is earlier.
10. Rights of recognised Trade Union.-(l) A Tracle Union being the sole
bargaining agent or a principal bargaining agent or a constituent of the ioint
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 concernilrg employrnent or non-employment
or terrns of employrnent and conclitions of labow or any workmen in respect of
the industrial establishment or class of indusFy in a local area, as the ca.se may
be, fbr which it is recognisal;
Provitled tb.at where, in any local area, in addition to Trade Unions
recognised for a class of indusft:y, there are also recognised Trade Unions in
individual industrial establishments belonging to that class of inclustry the
Trade unions recognisul for a class of industry shall have the right to raise only
such issues which concern that class of inclustry as a whole;
. (b) to collect memtership fee, subscriptions or any other clues payable,
by members of the Trade Union within the premises of the industrial
estatrlishment in such manner as may be prescribal;
(c) to put up or to cause to be put up a notice boarcl on the premises
of the industrial establishment in respect of which it is recognisecl and affix or
cause to be affixed thereon notices relating to meetings, statements of accounts
of its income and expurditure and other announcements which are not abusive,
indecent or oontrary to discipline or otherwise agairut the pmvisions of any law
for the time being in force;
?s/4t+bho.
l0
(d) for the purpose of prevention or settlefirenr of any clisp'te
regarding issues specitied in clause (a),-
(i) to hold discnssi.*s with the worft'ren who ire members of the
Trade Union at a suitable place or places within the premises of the industrial
establishment with the consent of the employer; ancl
(ii) to meet and ciiscuss with the ernployer or any pcrson
appointed by hinr for the purpose;
(c) to nominate its representatives on norr-stattrtory blpartite
committees like Production Committee, Wel{are Conunittee. House Allotrnent
Committee that might tre set up by any cmployer in an irulustrial cstablislunent.
(2) The rights of a Trade [-]nion retbrrccl to in sub-section (l) shalt tre
withont preiudlce to tlee rights that any unrecogniseri rracle union enjoys rmde'r
thc Irxlustrial Disputes Act. 1947 (CentralAct lzl of 1947).
r1. Returns hy rectgnisecl rrade IJnion.-Eyery recognisecl Trade union
shall subrnit such retunls to thc tr{cgistrar on such clates and in such marurer as
may be prescribed.
12. Failttre to sttbnii returns.-Lf'default is macle on the part of any
recognisecl Trade Uttion fur glvlng any notice or sencling arry staleurcnt or other
docurnent as ruluirul by or uncler zury provision of this Act, every oftlce bezrer
or othLT persor bouml by the mle of the Trartre Linion to give or s.end the same,
or, if thcre is no such person, every rnernber or the exccutive of the Trade
Union, sllall be punishable with fine whictrr may extencl to live rupees and, irr
the case of continuing clelhult, with ;ul aclditional fine whiclr may extencl to flve
rupees for eich week after the Iirst week during which the clcfault contrinues:
Frovictred trhat the aggregate fine shall not exceed lilty nrpees.
13. Peneilty for failure or refusul to grrnt recogttiriott.-,nf any employer
lails or rcfuses to grant recogllition to a Tracle LJnion as requirul under sectiop
9, he shall tre puuishable with fiue which: may extend [o {'ive thousand filpces or
with irnpnsonment which rnay extend to .six ruonths or witlr both.
14. Protection of luwful u.nion actit,ity.-Every employer shaln givcr
protectiotl in the prescritled lnarrner fbr lawlul union activrty an{ sucir o-ther
reasottabtrc opportluuty inclucling leavc tbr attending uegotialions or corrciliations
to reprcsultativcs of sotre bilrgaining agcnt or principal trargaiuing agorl or.joillt
bargaioil'rg council .rnembers.
11
15. Power to exempt. t may, by on in the
Otficinl G'azetie, exempt an or cl:uss o in a [ocalarea, as the case may be, e provisio Act.
Providecl tlrat no such orcler shall be macle after thc expiry of two years
lrom the comlnef,rcernent ot'this Act.
A) Every order made under this section shall be laid as soon as rnay
bc ;rfter it is made, before the Legislative Assembly
lJ. Power to make rwles.-(l) The Governrnent may, by notilication in the
ofticial Gazette, make mles tbr carrying out the provisions of this Act.
(/) Every mle rnade under this Act shall be laicl, as soon as may be
atrter it is made, befbre the Legislalive Assembly while it is in session for a totarl
periocl of, fourteen days which uray be comprised in one session or in two
successive' sessions ancl if, before the explry of the session in which it is so
laid or the session irnmediately fbllowing, the Legislative Assembly rnakes any
rnodification in the nrle or decicles that the rule shoulcl not be macle, the nrle
shall thcreirller have eifect only in such mociified fbnn or be of no effect, as the
case rnay be, so however, that any such modification or annulment, shall be
without prejudice to the validity of aurylhing previously done under that nrle.

‹ Prev All Kerala acts Next ›