Section Text
(1) There shall be a negotiating
union or a negotiating council, as the case may be, in an industrial establishment having registered
Trade Union for negotiating with the employer of the industrial establishment, on such matters as may
be prescribed.
(2) Where only one Trade Union of workers registered under the provisions of this Chapter is
functioning in an industrial establishment, then, the employer of such industrial establishment shall,
subject to such criteria as may be prescribed, recognise such Trade Union as sole negotiating union of
the workers.
(3) If more than one Trade Union of workers registered under this Code are functioning in an
industrial establishment, then, the Trade Union having fifty-one per cent. or more workers on the muster
roll of that industrial establishment, verified in such manner as may be prescribed, supporting that Trade
Union shall be recognised by the employer of the industrial establishment, as the sole negotiating union
of the workers.
(4) If more than one Trade Union of workers registered under this Code are functioning in an
industrial establishment, and no such Trade Union has fifty-one per cent. or more of workers on the
muster roll of that industrial establishment, verified in such manner as may be prescribed, supporting
that Trade union, then, there shall be constituted by the employer of the industrial establishment, a
negotiating council for negotiation on the matters referred to in sub-section (1), consisting of the
representatives of such registered Trade Unions which have the support of not less than twenty per cent.
of the total workers on the muster roll of that industrial establishment so verified and such representation
shall be of one representative for each twenty per cent. and for the remainder after calculating the
membership on each twenty per cent.
(5) Where any negotiation on the matters referred to in sub-section (1) is held between an employer
and a negotiating council constituted under sub-section (4), consequent upon such negotiation, any
agreement is said to be reached, if it is agreed by the majority of the representatives of the Trade Unions
in such negotiating council.
(6) Any recognition made under sub-section (2) or sub-section (3) or the negotiating council
constituted under sub-section (4) shall be valid for three years from the date of recognition or
constitution or such further period not exceeding five years, in total, as may be mutually decided by the
employer and the Trade Union, as the case may be.
(7) The facilities to be provided by industrial establishment to a negotiating union or negotiating
council shall be such as may be prescribed.