Amendment status not verified — confirm the current text below against the official source.
I.s,rue of certiJicate.for recognition.-(l) On receipt of au application under soction 4 ancl on paymerlt of plescribul t'eg the Registnar shall give strch notice to other Tracle Unions functioning in im industrial establishment ol a class of industry in a local iueA, as the case may be, ancl shall hokl such €nqurry . as may be prescribed for deternrining whether the applicaurt Tracle Unicxl fulfils the conditions laid down in section 4 and fbr ascertainhg whether there is any other 'lracle Union interested in sutrmittidg application f,or recognition. (2) Iq on compXetion of dae satisfiecl, that tlae appXisant T'racle 6 enqulry ur--lcle,r sutr-section (X), ttle R.egistrar is {Jni.on, -- (i) cloes not lirlfil altr or any of the condrtions laid clown in sub-strtions (2) anrl (3) of section 4, he shall reject the application and intrmate the reasons for such rejection to the Trade Union;\ (ii) flrlfils zrll the conditions laid down in sub-section (3) ofisectron 4 he shall proceecl to take action as hereinafter providul. (3) trf there is only one applicant Trarle {Jnion in respect of an industrial establishment or a class of industry in a local atrea, as the case rnay be, frllfilling the conditioras laid down in sub-section (3) of sq:tiotr 4, the R.egistrar slMll enter- the name of that Trade [Jnion in dre prescribul register to tre rnaintafured by hiur for this purpose and, within such time as rnay tre prescribul, grant a certificatc in the prescribecl rnanner to the applicant Trade Union directing'recoglition of that Tracle Union by the employer concerned and upon such recognilion, that Trade Union shatrl be the sole baigaiuing ageilt in respect of the industrial estatllishment or the class of in<trustry in the local area, as the case rnay tre. (4) trf there ale firore than one appliczurt Tracle Unions in respect of,an inclustrizrl establishrnent or aclass,of industry in a local atrea, as the case may be, fulfilling the conditions laid down in sub-section (3) of section 4, the R,egistrar shall a-rraulge to hold an etrection by secret ballot in the prescribed manner in order to ascertain which of the applicant Trade Union secrtrr:s the largest nurnber of votes, being more than fiff one per cent, of the votes cast by the workmen employed in the industrial estatrlishrnent or the class of industry in the nocal area, as the case may be, and after recorcling the name of the Trade Linion securing [he largest nunrber of votes as afbresaid in the prescribed register to tre maintained by him for the purpose, grant a cer{ificate ln the prescribed nmnne,r and wilhin such tirne as may be prescribal to that. Trade Union dilectirrg recognition of'that Trade Union by the ernployer concerned and ulron such recognition, that Trade Union shall be tle sole hargaining agent in respect of the jndustriatr establishment or the class of industry ill the local atrea, as the case may be : Provicled that the rest of the Trade l-lnions otrtarning ten per cent votes in a class of industry or fifteen per cent votes in an,inriilstrial establishment will have all the rights of a recognised Tracle {Jnion and will be a party to it se(tlement. tsut in thc event a consensus coulcl not be arrivecl at, the so.le bargaining agent wiltr have ttrre right to sign fhe settlernent wbich will be hinding under section 12 (3) of the.Iuctustria-[ Disputes Act, 194] (Cqitratr Act X4 of 1941). l (5) Thc Rcgistrar shall record the nanres of such rrade unions as have secured not less than ten per cent of votes cast by the workmen employed in any class of industry in the krcal area or not less than tilteen per ce.nt of votes cast by thc workmen cmployecl in the concemed inclustrial establishment, as the cilse lnay be, in the prascribul register to be mrinlained by hinr for tlre purpose and grant cefiificates in the prcscribed manner iuld within such tirne as may be prescnbed to such Trade Unions clirecting the employer conccrnecl to rrcognise sltch Trade Unions as constituents of the.joint bargaining council in respect of the rndtrstrlal establishnrenl or the class of induslry in the local area, as the case may lre, iulcl fiom alr ongst such unions, the Tracle union secudng. the largest llulnbcr of voles shall be given a certificatc in the prescribcxl nraliner an<l within s:uch tiule as may. be prescribal directing the employer concemed tro rccognise tire same as the principal trargaining agent in the ibint bargaining council in respect of the inclustrial i:stabljshment or tlae class of industry in the locan area, as the case may be, provlded the saicl union has secured not less than 1orly per cent of the votes cast by lXle workmen. (6) The constituents of the ioint bargaining council shall have lhe right to particiiate in any negoliation, discussion or settlcrnent conceming ihe workmen enlpioyecl ln the industrial establishlnent or lire class of industry in the local area, ?ls the case rnay be. Two or rnure Trade {Jnions recogniscd as c(x)stihlcnts of the .ioint trargaining council together having nrore than fifty per cent of the votes in silch election shatrl be entitrned 1o sign any.settlernent in a case wlicrc lhere is llo pnincipal bargaining agent. (7) where there is a principal bargaining agent fur a joint trargaimng council. no settlernent shall be entered into by the concerned inclustlriil establishme'elt or the class of induslry in the local area, as ttrre case may be, wilhout,lhe principat tralgarning agent, as a party.