·
Recognition
of unions under the Code of Discipline in respect of industries / undertakings
in the Central Sphere.
·
Rendering
assistance in securing recognition to unions in multi-state establishments which
are in the State sphere, as and when such requests are received.
·
Verification
of membership of unions in Major Ports and Docks for the purpose of allocation
of seats in the Port Trusts and Dock Labour Boards.
·
Verification
of membership of unions operating in nationalized Banks and SBI for the purpose
of identifying the representative union for appointment of workmen, Directors
on the Boards of Nationalized Banks.
·
Rendering
advice / clarification in matters of withdrawal / de-recognition of unions, criteria
for recognition of unions, verification procedure rights and privileges of
recognized and unrecognized unions etc.
·
General
verification of membership of trade unions.
·
Implementation
of the Code of Discipline.
·
Implementation
of awards under the Industrial Disputes Act.
·
Screening
of proposals for appeal against industrial awards under the Industrial Dispute
Act by Public Sector Undertakings.
SCREENING PROCEDURE
According to the screening procedure
as approved by the Committee of Economic Secretaries in its meeting held on
CRITERIA FOR
RECOGNITION OF UNIONS
·
Where there is more than one union, the union
claiming recognition should have been functioning for at least one year after
registration. Where there is only one
union, this condition would not apply.
·
The membership of the union should cover at
least 15% of the workers in the establishment concerned. Membership would be counted only of those who
had paid their subscriptions for at least three months during the period of six
months immediately preceding the reckoning.
·
A union may claim to be recognized as a
representative union for an industry in a local area if it has a membership of
at least 25% of the workers of that industry in that area.
·
When a union has been recognized, there
should be no change in its position for a period of two years.
·
Where there are several unions in an industry
or establishment, the one with the largest membership should be recognized.
·
A representative union for an industry in an
area should have the right to represent the workers in all the establishments
in the industry, but if a union of workers in a particular establishment has a
membership of 50% or more of the workers of that establishment it should have
the right to deal with matters of purely local interest, such as, for instance,
the handling of grievances pertaining to its own members. All other workers who are not members of that
union might either operate through the representative union for the industry or
seek redress directly.
·
In the case of trade union federations which
are not affiliated to any of the four central organizations of labour, the question of recognition would have to be dealt
with separately.
·
Only union which observe the Code of Discipline
would be entitled to recognition.
MEMBERSHIP OF CENTRAL TRADE UNIONS
A.
Verification
of membership of unions affiliated to the Central Organisation
of Workers in the Country is one of the important functions of this
organization. Representations of Labour on the Tripartite Bodies, Development Councils,
Committees, Boards, etc. at national and international level (including ILO)
are granted on the basis of the results of general verification.
B.
The
Ministry of Labour & Employment decided to
conduct verification of membership of trade union organizations with December
31, 1997 as the date of reckoning.
However, the matter pertaining to date of reckoning was sub-judice for long time.
The case has recently been disposed off by the Hon’ble
High Court of Delhi by deciding 31.12.2002 as date of reckoning. Accordingly the Ministry has issued a
notification on 1.11.03 calling claims/applications from the Central Trade
Union Organisation by 31.1.04 to conduct the general
verification of CTUs. The verification was conducted by CLC(c) through their
field offices in 2007. Final verified membership of CTUs as accepted by
Standing Committee was submitted to this Ministry on 31.12.2007. Accordingly,
the verified membership of CTUs was issued to all concerned on 11.1.2008.
C.
The
position of membership of Central Trade Unions in the earlier general
verification carried out with date of reckoning 31.12.80, 31.12.89 and 31.12.2002
is as under:-
|
S.No. |
Name of Trade
Union |
Membership with
date of reckoning as on 31.12.1980 |
Membership with
date of reckoning as on 31.12.1989 |
Membership with
date of reckoning as on 31.12.2002 |
|
1. |
INTUC |
22,36,128 |
26,92,388 |
39,54,012 |
|
2. |
BMS |
12,11,345 |
31,16,564 |
62,15,797 |
|
3. |
HMS |
7,62,882 |
14,80,963 |
33,38,491 |
|
4. |
UTUC(LS) |
6,21,359 |
8,43,256 |
13,73,268 |
|
5. |
NLO |
2,46,540 |
1,38,877 |
- |
|
6. |
UTUC |
1,65,614 |
5,84,523 |
6,06,935 |
|
7. |
TUCC |
1,23,048 |
2,30,139 |
7,32,760 |
|
8. |
NFITU |
84,123 |
5,29,762 |
6,03,219 (DHN-569599 KOl-33620) |
|
9. |
AITUC |
3,44,746 |
9,38,486 |
34,42,239 |
|
10. |
CITU |
3,31,031 |
17,75,220 |
26,78,473 |
|
11. |
HMKP |
- |
3,516 |
- |
|
12. |
IFFTU |
- |
428 |
- |
|
13 |
SEWA |
- |
- |
6,88,140 |
|
14 |
LPF |
|
|
6,11,506 |
|
15 |
AICCTU |
|
|
6,39,962 |
|
16. |
TOTAL |
61,26,816 |
1,23,34,142 |
2,48,84,802 |
|
|
D.
The
general verification of Central Trade Unions with date of reckoning as on
31.12.2002 checking of records and sampling is in process/progress.
CODE OF DISCIPLINE IN INDUSTRY
I. To maintain Discipline in Industry
both in public and private sector there has to be (i)
a just recognition by employers and workers of the rights and responsibilities
of either party, as defined by the laws and agreements (including bipartite and
tripartite agreements arrived at all levels from time to time) and (ii) a
proper and willing discharge by either party of its obligations consequent on
such recognition.
The Central and State Governments, on
their part, are required to examine and set right any shortcomings in the
machinery they constitute for the administration of labour
laws.
To ensure
better discipline in industry.
II. Management
and
(i) that no unilateral action should be taken in connection with
any industrial matter and that should be settled at appropriate level.
(ii) that the
existing machinery for settlement of disputes should be utilized with the
utmost expedition.
(iii) that there should be no strike or lock-out without notice;
(iv) that affirming
their faith in democratic principles, they bind themselves settle all future
differences, disputes and grievances by mutual negotiation, conciliation and
voluntary arbitration;
(v) that neither party will have recourse to
(a) coercion, (b) intimidation,
(c) victimization or (d) go-slow;
(vi) that they will avoid, (a) litigation, (b)
sit-down and stay-in strikes and (c) lock-outs;
(vii) that they will
promote constructive co-operation between their representatives at all levels
and as between workers themselves and abide by the spirit of agreements
mutually entered into;
(viii)
that they will establish upon a mutually
agreed basis, a grievance procedure which will ensure a speedy and full
investigation leading to settlement;
(ix) that they will
abide by various stages in the grievance procedure and take no arbitrary action
which would by-pass this procedure; and
(x) that they will
educate the management personnel and workers regarding their obligations to
each other.
III. Management Agree.
(i)
not to increase work-loads unless agreed upon
or settled otherwise;
(ii) not to support or encourage any unfair labour practice such as (a) interference with the right of
employees to enroll or continue as union members, (b) discrimination, restraint
or coercion against any employee because of recognized activity of trade unions
and (c) victimization of any employee and abuse of authority in any form;
(iii) to take prompt
action for (a) settlement of grievances and (b) implementation of settlements,
awards, decision and orders;
(iv) to display in
conspicuous places in the undertaking the provisions of this code in the local
language(s);
(v) to distinguish between actions justifying
immediate discharge and those where discharge must be preceded by warning,
reprimand, suspension or some other form of disciplinary action and to arrange
that all such disciplinary action should be subject to an appeal through normal
grievance procedure;
(vi) to take
appropriate disciplinary action against its officers and members in cases where
enquiries reveal that they were responsible for precipitate action by workers
leading to indiscipline; and
(vii) to recognize the
union in accordance with the criteria (Annexure-I) evolved at the 16th
Session of the Indian Labour Conference held in May
1958.
IV. Union(s) agree -
(i)
not to engage in any form of physical duress;
(ii) not to permit
demonstrations which are not peaceful and not to permit rowdyism
in demonstration;
(iii) that their
members will not engage or cause other employees to engage in any union
activity during working hours, unless as provided for by law, agreement of
practice;
(iv) to discourage unfair labour
practices such as (a) negligence of duty, (b) careless operation, (c) damage to
property, (d) interference with or disturbance to normal work and (e)
insubordination;
(v) to take prompt
action to implement awards, agreements, settlements and decisions;
(vi) to display in
conspicuous places in the union offices, the provisions of this Code in the local language(s), and
(vii) to express
disapproval and to take appropriate action against office-bearers and members
for indulging in action against the spirit of this code.