My employer in Siliguri refuses to recognize our union for collective bargaining, what can we do?

Detailed Legal Analysis

Collective bargaining is a recognized right under the Industrial Disputes Act, 1947, and the West Bengal Premises Tenancy Act 1997 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 Calcutta 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 Siliguri 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.