The KERALA RECOGNITION OF TRADE UNIONS ACT2010

ACT 16 OF 2010
THE KERALA RECOGNITION OF TRADE UNIONS ACT, 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:—
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.
* Received the assent of the President on the 14 th day of October, 2010 and published in the Kerala 
Extraordinary Gazette No. 2397  dated 29th October,2010.
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  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 such area comprising the whole or part of
Kerala as the Government may specify by notification in the Official Gazette,
in relation to any class of industry ;
                                (h) "prescribed" means prescribed by rules made under this Act;
            (i) "principal bargaining agent" in respect of an industry or an
industrial  establishment  means  a  registered  Trade  Union  recognised  as  a
principal bargaining agent under Section 9 ;
(j) "recognised Trade Union" means a Trade Union recognised
under section 9 of this Act;
              (k) "Registrar" means the Registrar for recognition of Trade Unions
appointed by the Government under section 3 of this Act and includes any
Additional or Deputy Registrar for recognition of Trade Unions ;
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         (l) "sole bargaining agent" in respect of an industry or industrial
establishment means a registered Trade Union recognised as sole bargaining
agent under Section 9 ;
             (m) "Trade Union" means a Trade Union registered under the Trade
Unions Act, 1926 (Central Act 16 of 1926) ;
           (n) "workman" shall have the same meaning as in clause (s) of section
2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947).
(2) words and expressions used in this Act and not defined herein but
defined in the Trade Unions Act, 1926 (Central Act 16 of 1926) shall have the
same meaning respectively assigned to them by the Central Act.
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 office of a
recognised  registered  Trade  Union  is  situated,  the  Additional  or  Deputy
Registrar  for  Recognition  of  Trade  Unions  shall  be  deemed  to  be  the
Registrar for Recognition of Trade Unions for the purpose of this Act.
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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 recognition of
the Trade Union concerned is cancelled or withdrawn under this Act during
that period :
Provided further that, in a case where a certificate for recognition has
been granted, under sub-section (3) of section 5, subsequent application by
any other Trade Union may be entertained by the Registrar on the expiry of a
period of six months immediately following the date of recognition of a
Trade Union by the employer concerned, subject to the condition that the
Registrar shall not entertain any such application unless accompanied by a
document containing the signatures of such minimum number of eligible
workmen as is necessary for support for recognition as a constituent of the
joint bargaining council:
Provided also that the existence of recognised Trade Unions in respect
of a class of industry in a local area shall not be a bar in submitting an
application for issue of a certificate for recognition in a single industrial
establishment belonging to that class of industry in a local area.
(3) No Trade Union shall be eligible to apply for issue of a certificate
for recognition under sub-section (1) unless,—
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(i) it has been functioning as a registered Trade Union in an industrial
establishment or the class of industry in the local area, as the case may be, for
a period of at least six months immediately preceding the date of filing of
such application ;
(ii) the membership thereof is open to all workmen employed in the
industrial establishment or the class of industry in the local area, as the case
may be.
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.
(3) If there is only one applicant Trade Union in respect of an industrial
establishment or a class of industry in a local area, as the case may be,
fulfilling  the  conditions  laid  down  in  sub-section  (3)  of  section  4,  the
Registrar shall enter the name of that Trade Union in the prescribed register
to be maintained by him for this purpose and, within such time as may be
prescribed, grant a certificate in the prescribed manner to the applicant Trade
Union directing recognition of that Trade Union by the employer concerned
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and upon such recognition, that Trade Union shall be the sole bargaining
agent in respect of the industrial establishment or the class of industry in the
local area, as the case may be.
(4) If there are more than one applicant Trade Unions in respect of an
industrial establishment or a class of industry in a local area, as the case may
be, fulfilling the conditions laid down in sub-section (3) of section 4, the
Registrar shall arrange to hold an election by secret ballot in the prescribed
manner in order to ascertain which of the applicant Trade Union secures the
largest number of votes, being more than fifty one per cent, of the votes cast
by the workmen employed in the industrial establishment or the class of
industry in the local area, as the case may be, and after recording the name of
the Trade Union securing the largest number of votes as aforesaid in the
prescribed register to be maintained by him for the purpose, grant a certificate
in the prescribed manner and within such time as may be prescribed to that
Trade  Union  directing  recognition  of  that  Trade  Union  by  the  employer
concerned and upon such recognition, that Trade Union shall be the sole
bargaining agent in respect of the industrial establishment or the class of
industry in the local area, as the case may be :
Provided that the rest of the Trade Unions obtaining ten per cent votes
in a class of industry or fifteen per cent votes in an industrial establishment
will have all the rights of a recognised Trade Union and will be a party to a
settlement. But in the event a consensus could not be arrived at, the sole
bargaining agent will have the right to sign the settlement which will be
binding under section 12 (3) of the Industrial Disputes Act, 1947 (Central Act
14 of 1947).
(5) The Registrar shall record the names of such Trade Unions as have
secured not less than ten per cent of votes cast by the workmen employed in
any class of industry in the local area or not less than fifteen per cent of votes
cast by the workmen employed in the concerned industrial establishment, as
the case may be, in the prescribed register to be maintained by him for the
purpose and grant certificates in the prescribed manner and within such time
as may be prescribed to such Trade Unions directing the employer concerned
to recognise such Trade Unions as constituents of the joint bargaining council
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in respect of the industrial establishment or the class of industry in the local
area, as the case may be, and from amongst such unions, the Trade Union
securing  the  largest  number  of  votes  shall  be  given  a  certificate  in  the
prescribed manner and within such time as may be prescribed directing the
employer concerned to recognise the same as the principal bargaining agent
in the joint bargaining council in respect of the industrial establishment or the
class of industry in the local area, as the case may be, provided the said
Union  has  secured  not  less  than  forty  per  cent  of  the  votes  cast  by  the
workmen.
(6) The constituents of the joint bargaining council shall have the right
to  participate  in  any  negotiation,  discussion  or  settlement  concerning  the
workmen employed in the industrial establishment or the class of industry in
the local area, as the case may be. Two or more Trade Unions recognised as
constituents of the joint bargaining council together having more than fifty
per cent of the votes in such election shall be entitled to sign any settlement
in a case where there is no principal bargaining agent.
(7) Where there is a principal bargaining agent in a joint bargaining
council,  no  settlement  shall  be  entered  into  by  the  concerned  industrial
establishment or the class of industry in the local area, as the case may be,
without the principal bargaining agent as a party.
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.
7.  Appeals.—(1) Any Trade Union, the certificate for recognition of
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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.
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.
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
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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 of section 6, for a period of three years from the date
on which such recognition is granted by the employer:
Provided that such recognition shall continue to be operative, after the
expiry of three years, for a period of six months or until a fresh recognition is
granted in its place, whichever is earlier.
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 membership fee, subscriptions or any other dues payable
by  members  of  the  Trade  Union  within  the  premises  of  the  industrial
establishment in such manner as may be prescribed;
(c) to put up or to cause to be put up a notice board on the premises of
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the industrial establishment in respect of which it is recognised and affix or
cause  to  be  affixed  thereon  notices  relating  to  meetings,  statements  of
accounts of its income and expenditure and other announcements which are
not  abusive,  indecent  or  contrary  to  discipline  or  otherwise  against  the
provisions of any law for the time being in force;
(d) for the purpose of prevention or settlement of any dispute regarding
issues specified in clause (a),—
(i) to hold discussions with the workmen who are members of the Trade
Union at a suitable place or places within  the premises of the industrial
establishment with the consent of the employer; and
(ii) to meet and discuss with the employer or any person appointed by
him for the purpose;
(c) to nominate its representatives on non-statutory bipartite committees
like Production Committee, Welfare Committee, House Allotment Committee
that might be set up by any employer in an industrial establishment.
(2) The rights of a Trade Union referred to in sub-section (1) shall be
without prejudice to the rights that any unrecognised Trade Union enjoys
under the Industrial Disputes Act, 1947 (Central Act 14 of 1947).
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.
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:
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Provided that the aggregate fine shall not exceed fifty rupees.
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.
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.
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.
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.
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
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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.

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