Kerala Recognition of Trade Unions Act, 2010
No: 16 Dated: Oct, 29 2010
Kerala Recognition of Trade Unions Act, 2010
(Act 16 of 2010)
An Act to provide for the recognition of Trade Unions for facilitating collective bargaining and to check 'multiplicity of Trade Unions in industrial establishments and for matters connected therewith or incidental thereto.
Preamble. - Whereas, it is expedient to provide for the recognition of Trade Unions for facilitating collective bargaining and to check multiplicity of Trade Unions in industrial establishments and for matters connected therewith or incidental thereto;
Be, it enacted in the Sixty first Year of the Republic of India as follows:-
1. Short title, commencement and application. - (1) This Act may be called the Kerala Recognition of Trade Unions Act, 2010.
(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
(3) It applies to, -
(a) every industrial establishment situated in Kerala, except the industrial establishments for which Central Government is the appropriate Government under the Industrial Disputes Act, 1947 (Central Act 14 of 1947) wherein fifty or more workmen, are employed or were employed any day of the preceding twelve months;
(b) every registered trade union functioning in such industrial establishment:
Provided that the Government may, after giving not less than sixty days notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of persons less than fifty, as may be specified in the notification.
2. Definitions. - (1) In this Act, unless the context otherwise requires,-
(a) "any class of industry" means such group of industries as may be notified by the Government as comprising a particular class on the basis of their activities;
(b) "constituent of joint, bargaining council" in respect of an industry or an industrial establishment means a registered Trade Union recognised as Constituent, of the joint bargaining council under section 9;
(c) "employer" shall have the same meaning as in clause (g) of section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947);
(d) "Government" means the Government of Kerala;
(e) "industrial establishment" shall have the same meaning as in clause (ka) of section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947);
(f) "industry" shall have the same meaning as in clause (j) of section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947);
(g) "Local area" means such area comprising the whole or part of Kerala as the Government may specify by notification in the Official Gazette, in relation to any class of industry;
(h) "prescribed" means prescribed by rules made under this Act;
(i) "principal bargaining agent" in respect of an industry or an industrial establishment means a registered Trade Union recognised as a principal bargaining agent under Section 9;
(j) "recognised Trade Union" means a Trade Union recognised under section 9 of this Act;
(k) "Registrar" means the Registrar for recognition of Trade Unions appointed by the Government under section 3 of this Act and includes any Additional or Deputy Registrar for recognition of Trade Unions;
(l) "sole bargaining agent" in respect of an industry or industrial establishment means a registered Trade Union recognised as sole bargaining agent under Section 9;
(m) "Trade Union" means a Trade Union registered under the Trade Unions Act, 1926 (Central Act 16 of 1926);
(n) "workman" shall have the same meaning as in clause (s) of section 2 of the industrial Disputes Act, 1947 (Central Act 14 of 1947).
(2) words and expressions used in this Act and not defined herein but defined in the Trade Unions Act, 1926 (Central Act 16 of 1926) shall have the same meaning respectively assigned to them by the Central Act.