Hi,
I am sorry, I am not sure if I have understood your question/confusion clearly. I think, I have and based on that understanding I am replying.
1) It is true that, to be RECOGNISED under law, a Union has to be registered. Registration lends authenticity of existence to the Union only after which the question of RECOGNITION can arise.
2) If, however, an employer has RECOGNISED an UNREGISTERED Union, while it is Employer's mistake to do so, such an act on the part of an Employer is NOT binding for law to also grant RECOGNITION to an unregistered Union.
Conceptually, Union is a representative body of workmen in an undertaking. It deals with the Employer to protect and further interests of the members. It obtained legitimacy of existence by first getting registered under the Trade Unions Act 1926 and then seeks RECOGNITION as a "Sole Bargaining Agent" under an appropriate law. This helps the industry as, in a multiple trade union situation, the RECOGNITION clearly spells out who to deal with and who can make committments on behalf employees that are binding under law.
I suppose this will clarify the issue and remove doubts, if any.
Regards
samvedan
March 26, 2008
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