Labour Notes 8

Recognition of Trade Union
The law relating to recognition of trade union in India was inserted by an amendment in Indian
Trade Unions Act in the year 1947. Sections 28 C to 28 I, deal with the law relating to
recognition of trade unions.
Section 28 C Recognition by Agreement
(1) Where an employer agrees to recognize Trade Unions, a memorandum of agreement by the
employer and the officer of the Trade Union or their representatives may be presented to the
registrar who shall record the memorandum in a register in the prescribed manner.
(2) Such an agreement may be revoked by either party thereto on application made to the
registrar in the prescribed manner
(3) While such an agreement is in force, the Trade Union shall in its relations with the employer
with whom the agreement is made , have all the rights of a recognized Trade Union under this
Act and shall for all other purposes be deemed to be a recognized Trade Union.
Section 28 D -Condition for Recognition by Order of a Labour Court
A Trade Union shall not be entitled to recognition by order of a Labour Court under section 28
E, unless it fulfills the following conditions namely
i-That all its ordinary members are workmen employed in the same industry or in industry
closely allied to or connected with one another
ii- That it is representative of all the workmen employed by the employer in that industry or
those industries
iii- That its rules do not provide for the exclusion from membership of any class of the workmen
referred to in clause ii
iv- That its rules provide for the procedure for declaring a strike
v- That its rules provide that a meeting of its executive shall be held at least once in every six
months
vi- That it is a registered Trade Union and that it has complied with all the provisions of this Act
Provided that reference in clause (ii) to employer shall as respects recognition by an
association of employers , be construed as a reference to all the employers who are members of
the association.
In All India Port and Dock Workers Federation and others V Union of India ( 1989) II LLJ
6000 Bombay
The petitioner union represented third largest membership from amongst unions. It was held that
the Union of India is not justified in refusing to recognize the petitioner in the matter of
negotiating the terms and condition of service of the port and dock workers . Such refusal is
against law and justice
Section 28 E- Application to and grant of recognition by Labour Court
(1) Where a registered Trade Union having applied for recognition to an employer, has failed to
obtain recognition within a period of three months from the date of making such application it
may apply in writing setting out such particulars as may be prescribed , to Labour Court for
recognition by the employer .

(2) A single application may be made under sub section (1) for recognition
i- by more than one employer or
ii- by an association of employers as well as one or more members thereof
(3) The Labour Court may call for further information for the purpose of ascertaining whether
the Trade Union is entitled to recognition by the employer under this section, and if the Trade
Union fails to supply the required information within the time granted , the Labour Court may
dismiss the application.
(4) The Labour Court shall, after serving notice in the prescribed manner on the employer ,
investigate whether the trade union fulfills the condition for recognition set out in section 28 D
and in deciding whether the condition set out in clause ii thereof is fulfilled , the Labour Court
shall have regard to but shall not be bound by the fact whether the proportion which the member
of the workmen referred to in the said clause who are members of the Trade Union and are not in
arrears of their subscription for any period exceeding three months.
(5) If the Labour Court is satisfied that the Trade Union is fit to be recognized by the employer, it
shall make an order directing such recognition and may, whether the recognition is to be by an
association of employers, further direct, by the same or a subsequent order , recognition by
every member of the association in relation to whom the trade Union fulfills the condition set out
in clause ii of section 28 D .
(6) Every order made under sub section (5) shall be forwarded to the appropriate government
which shall notify it in the official gazette and while a recognition directed by such order is in
force the Trade Union shall in its relation with the employer concerned , have all the rights of
recognized Trade Union under this Act, and shall for other purposes be deemed to be a
recognized Trade Union.
Section 28 F- Rights of Recognized Trade Union
(1) The executive of a recognized Trade Union shall be entitled to negotiate with employers in
respect of matters connected with the employment or no employment or the terms of
employment or the condition of labours of all or any of its members and the employer shall
receive and send replies to letters send by the executive and grant interviews to that body
regarding such matters.
(2) Nothing in sub section (1) shall be construed as requiring an employer to send replies to
letters on or grant interviews regarding matter on which as a result of previous discussion with
executive of the Trade Union , the employer has arrived at a conclusion , whether in agreement
with executive or not unless a period of at least three months has elapsed since the said
conclusion was intimated to the executive or unless there has been a change in circumstances.
(3) Any dispute between the employer and the executive of a recognized trade union as to
whether a conclusion has been arrived at or whether has been a change in circumstances
within the meaning of sub section 2 shall be referred to registrar whose decision shall be final.
(4) The executive of a recognized trade union shall be entitled to display notice of the trade
union in any premises where its members are employed and the employer shall afford the
executive reasonable facilities for that purpose.
Section 28 G Withdrawal of Recognition

Where the recognition of trade union has been directed under section 28 E , the registrar or
employer may apply in writing to the labour court for withdrawal of the recognition on any of
the following grounds
i- The executive or trade union has committed unfair practice
ii- Trade union has failed to submit any return
iii- The trade union has ceased to be representative of the workmen
Sec 28 H - Application for fresh recognition
On expiry of not less than six months from the date of withdrawal of recognition of a trade
union, the trade union , if it continues to be a registered trade union and the procedure laid down
in this Act shall apply in respect of such application as if it were an original application for
recognition.
Sec 28 I - Recognised trade unions to submit prescribed Return
Every trade union if recognized shall submit to registrar at the prescribed time and manner ,
such returns.

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Recognition of Trade Union

recognition of trade unions.

Section 28 C Recognition by Agreement

registrar in the prescribed manner

Section 28 D -Condition for Recognition by Order of a Labour Court

E, unless it fulfills the following conditions namely

closely allied to or connected with one another

Provided that reference in clause (ii) to employer shall as respects recognition by an

against law and justice

Section 28 E- Application to and grant of recognition by Labour Court

recognition by the employer .

i- by more than one employer or

ii- by an association of employers as well as one or more members thereof

dismiss the application.

arrears of their subscription for any period exceeding three months.

association of employers, further direct, by the same or a subsequent order , recognition by

recognized Trade Union.

Section 28 F- Rights of Recognized Trade Union

respect of matters connected with the employment or no employment or the terms of

regarding such matters.

executive reasonable facilities for that purpose.

Section 28 G Withdrawal of Recognition

the following grounds

i- The executive or trade union has committed unfair practice

ii- Trade union has failed to submit any return

iii- The trade union has ceased to be representative of the workmen

Sec 28 H - Application for fresh recognition

Sec 28 I - Recognised trade unions to submit prescribed Return

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