Legal Question in Employment Law in India

Dear Sir,

We are the members of a registered trade union operating in a Central Public Sector Undertaking (CPSU) in West Bengal. Our PSU Management has recognized our union (not affiliated to any central trade unions) as a sole bargaining agent for the workmen of the PSU since last forty years. There is also another registered trade union (affiliated to central trade union) in the CPSU with lesser members compare to our recognized trade union. That registered trade union recently demanded to CPSU management to be recognized union claiming that they have more members compare to our union and demanded for membership verification through secret ballots. Earlier membership verification was done two times and our union was declared as majority union by secret ballot elections fifteen years ago. Since then no verification was done and we are the recognized union with majority members. My question is that as the other registered union demanded for membership verification through secret ballots so is it mandatory for us to prove majority union through secret ballots only or there are any other methods to be followed to prove us as majority union?

Regards,

Sandip


Asked on 9/29/14, 7:21 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.09.2014

Dear Sandip,

Trade Unions have virtually become non-existing and extinct all over India. And even if they wish to prevail, the Management always ensures that there are two or more Unions operating in the Company / Undertaking so that the Management can always set up in-fights amongst the two Unions and trade off and leverage their workmen policies with the Union leaders. The same is the case with your Unions. In my view, it is immaterial whether which Union is in the majority as the Management will always determine a common ground between the two or more Unions.

Regards,

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Answered on 9/29/14, 7:29 am


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