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KERALA GAZETTE
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EXTRAORDINARY
GroruC(l)CO6TDo fugLrsHED By AUTHoRrry r Tlriruvanantlrapuratn, Zgth October 20 t0 ! FridaY 2010 adcsc m:6 29 No.
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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.
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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.
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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) "corlstihrentof 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
(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) ;
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(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 by notification in the ofticiitl Gazette, appoint iur oificer subordinate to it to be the R.egistrar fbr iecognition of rracle Unions, rbr the purpose of. exercising suctr powers 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 rratle unions 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 fbr Recognition 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 together wit}r 1u$ f'ee as may be prescribu!, to the Registrar rbr issue of certificate for recognrtlon 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 industrial establishment or a crass of inclustry in ,, local a-rea, AS th" .rr" m'y bg if there is already a rer"ogniial Tracle Uniur rurder this Act in respect of such industrial establishment 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 by
the employer concernecr or as the ca.se rnay'be cir,ring the periocr exteuded under
the proviso to strb-section (3) of section 9:
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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
(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
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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:tiotr4, 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
(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 tenper 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).
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(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
(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
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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.
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(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.
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(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.
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15. Power to exempt. t may, by on in the Otficinl G'azetie, exempt an or cl:uss o in a [ocal area, 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.