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Recognition of a Trade Union

By H. L. Kumar

Published In

Lab Ic 2001

Registration of a trade union is completely different from its recognition At the very outset, it Is made clear that there is a provision either under the Trade Unions Act. 1926 or the Industrial Disputes Act, 1947 for recognition of a trade union. The Supreme Court, while referring to the earlier decisions, has confirmed that the principle laid down is that the fundamental right guaranteed under Article 19 of the Constitution of India, to form association does not carry with it the concomitant right that the association shall achieve their object: in other words the right to form association does not have with it the concomitant right that such association shall be recognised by the employer.1 The Division Bench, Calcutta High Court has observed that recognition or derecognition of a trade union being a matter of private agreement under the code of Discipline in Industry which has no statutory force whatsoever cannot conf ....

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