My employer in Karnal refuses to recognize our union for collective bargaining, what can we do?
SU Asked by Sunita Reddy from India
Quick Answer
Collective bargaining is a recognized right under the Industrial Disputes Act, 1947, and the Haryana Rent Control Act 1973 code of industrial relations adopted by your state.
Detailed Legal Analysis
Collective bargaining is a recognized right under the Industrial Disputes Act, 1947, and the Haryana Rent Control Act 1973 code of industrial relations adopted by your state. Recognition of a trade union for collective bargaining may be governed by a state-specific code or the Code on Industrial Relations, 2020, as adopted.
The Punjab and Haryana High Court has held that refusal to recognize a legitimate bargaining agent frustrates the purpose of the Trade Unions Act and can be challenged by a writ petition. You can approach the Labour Commissioner in Karnal for recognition through verification of membership if the state has a recognition mechanism.
Where the Code on Industrial Relations is notified, a union with 51 percent membership on the muster roll is entitled to be the sole negotiating union. The employer is bound to bargain in good faith and cannot refuse to meet the recognized union.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.