Regarding trade union act
Sudhir Tiwari
(Querist) 15 September 2012
This query is : Resolved
D/Sir,
Ours is a Big Textile Company ( 20 years old) situated in Madhya Pradesh & manpower engaged is about 1500. 15years ago 4 Union have get Registration from Registrar of Trade Union Govt.of M.P. First Union is releted to BMS, Second Union reletad to INTUC, Third Union related to kamgar Ekta & Last Fourth Union is related to AITUC.But Fourth Union related to AITUC is totally inactive since its registration & neither it has any office bearer nor single membership even most of workers of our company dont know about this union because it was totally like dead. but aforesaid first 3 Union is very active in our company and we also negotiate with them for Wage settlement, work Load Settlement,Bonus Settlement etc since long time.( We have done all 3 Wage settlement in past with these 3 Unions) we give importance to all 3 Unions same.Wage settlement of Workers for 5 years is due from 01.08.2012. First 3 Union have forwarded their "Charter of Demand" to us and accordingly we are negotiating with these 3 unions & we are also meeting with Conciliation Officer in Govt.Labour office. but suddenly we have received one "Charter of Demand" Letter through post of 4th Union related to AITUC ( which was like as dead since its registration)& asked to parcipate with 3 Unions for wage settlement. a Group of 4-5 workers also given this Letter to Govt.Labour office.Govt Labour office without any inquiry asked to us why not negotiating with this union.we have requested to Govt.Labour officer to ask them (AITUC) about their membership but Govt.Labour officer is saying that you should negotiation with this union also along with other (3) unions.
Now our query is
Can Govt.Labour Officer( Conciliation officer) direct us to negotiate with this Union?
if yes then what is remedy.
what type of step should we taken so that this Union can't enter in negotiation.
Thanks
Sudhir Tiwari
H. S. Thukral
(Expert) 17 September 2012
You have to negotiate with recognised union only. If you don't recognise the fourth union then you can't be compelled to negotiate with it. The course open to the concerned Union is to raise a dispute and refer to conciliation officer.
As for as advice is concerned, all the demands raised by all unions can be referred to conciliation officer and an agreement arrived with his intervention. such agreement shall be binding on all workmen.
