CITU has won the union elections and continuing as recognized union even after expiry of two years tenure as union election are due. As per Labour Dept. guidelines, CITU will be continued as recognized union till next union elections are conducted. Meanwhile the recognized union i.e. CITU has changed their political affiliation from CITU to INTUC (But there is no change in original name of the union i.e. Workers & Staff union and continuing original union regd. no.)
Due to change of political affiliation from CITU to INTUC, recognized status of the union will continue or not?
I request seniors to give their opinion please.
From India, Hyderabad
Due to change of political affiliation from CITU to INTUC, recognized status of the union will continue or not?
I request seniors to give their opinion please.
From India, Hyderabad
dear mr ppc
Does your co, have the union recognition under specific act like Maharashtra trade unions and prevention of unfair labour practices act ? In that case if the recognition is obtained, then it is in force and binding till a new union gets itself recognised as the sole bargaining agent.
From India, Pune
62Does your co, have the union recognition under specific act like Maharashtra trade unions and prevention of unfair labour practices act ? In that case if the recognition is obtained, then it is in force and binding till a new union gets itself recognised as the sole bargaining agent.
From India, Pune
Yes, Subsequent to union elections, labour dept has notified the majority union as recognised union.
From India, Hyderabad
From India, Hyderabad
Dear Mr.Mohan
Your post is not having the necessary factual matrix with reference to which the issue has to be considered.
1.Is the recognition based on any law or on any settlement or judgment of a Court?
2.If the recognition is based on any law then does the law contain any section regarding change of political affiliation after recognition.
3.If the recognition is based on a settlement then what are the clauses in the settlement relating to recognition.
4.How the Labour Department got the authority to conduct the elections referred to by you. Is the Labour Department is statutorily authorised to conduct the elections. If the Labour Department is not statutorily authorised to conduct the elections was the conduct of the elections based on the consent of the management and the unions. If so have all the unions in the establishment consented to the elections. If some of the Unions have not consented to the elections, how the Labour Department overcame the objections of the other unions and conducted the elections.
5.Is the elections based on any directions of any Court? If so what are the specific directions given by the Court.
If you furnish the above information I will try to give my views.
With regards
From India, Madras
Your post is not having the necessary factual matrix with reference to which the issue has to be considered.
1.Is the recognition based on any law or on any settlement or judgment of a Court?
2.If the recognition is based on any law then does the law contain any section regarding change of political affiliation after recognition.
3.If the recognition is based on a settlement then what are the clauses in the settlement relating to recognition.
4.How the Labour Department got the authority to conduct the elections referred to by you. Is the Labour Department is statutorily authorised to conduct the elections. If the Labour Department is not statutorily authorised to conduct the elections was the conduct of the elections based on the consent of the management and the unions. If so have all the unions in the establishment consented to the elections. If some of the Unions have not consented to the elections, how the Labour Department overcame the objections of the other unions and conducted the elections.
5.Is the elections based on any directions of any Court? If so what are the specific directions given by the Court.
If you furnish the above information I will try to give my views.
With regards
From India, Madras
By means of a referendum you are not recognising the CITU or INTUC but you are only recognising the trade union within your establishment in which your employees are members. The recognition does not have any relevance on the political affiliation of the trade union(s). Therefore, I feel that, if the present trade union takes an affiliation from INTUC, it will not lose the recognition already obtained unless otherwise specifically provided in the terms of settlement.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
pl confirm whether a new union can be formed in the state of tamilnadu and if so whether the employer’s part in recorgnision of the union?
From India
From India
Dear Mr. PPC,
Ministry of labour first takes the consent of the Management and the registered trade unions of the establishment to conduct the union membership verification elections.
If the consent is given by all with all the relevant documents that is Bye Laws, TU establishment certificate with name, Annual returns of the last 3 years etc, the same is forwarded to the ministry.
Post this activity, the ministry appoints the returning officer to conduct the union membership verification election. Usually it is the concerned Regional or Dy. Chief Labour Comissioner.
After joint discussions and conduct of the elections, the returning officer declares the result and the management gives the recognition to the concerned union.
The concerned union has to be awarded recognition and sign the code of discipline, which is mandatory.
INTUC or CITU or any other central trade unions are the bodies to which these unions are affliated
From India, Pune
Ministry of labour first takes the consent of the Management and the registered trade unions of the establishment to conduct the union membership verification elections.
If the consent is given by all with all the relevant documents that is Bye Laws, TU establishment certificate with name, Annual returns of the last 3 years etc, the same is forwarded to the ministry.
Post this activity, the ministry appoints the returning officer to conduct the union membership verification election. Usually it is the concerned Regional or Dy. Chief Labour Comissioner.
After joint discussions and conduct of the elections, the returning officer declares the result and the management gives the recognition to the concerned union.
The concerned union has to be awarded recognition and sign the code of discipline, which is mandatory.
INTUC or CITU or any other central trade unions are the bodies to which these unions are affliated
From India, Pune
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