Is an Unregistered Trade Union Branch in Our Mine Legally Valid and Authorized?

Validity of Unregistered Trade Union Branch

I am working in a PSU Iron Mine. Our mine supplies iron ore to different steel plants. The steel plants, as well as the mines, belong to the same PSU.

Recently, a trade union (affiliated with a Central Trade Union) that was operating in one of our steel plants has established a branch in our mine. Some of our employees have been appointed as office bearers of this branch committee.

It is important to note that this branch has not yet registered itself as a separate union. My question is, what is the validity of this branch committee according to the Trade Union Act? Are they authorized to make demands on behalf of the employees?

Thank you.

In the first place, the PSU owns two distinct industries: iron ore mining and steel plants. So, strictly speaking, the union formed and functioning exclusively for the steel plant cannot have a branch in one of the mines. Second, even if registered as a separate union for the employees of the mine in question, the set of office bearers should be constituted strictly as per subsection (2) of Section 22 of the Trade Unions Act, 1926, for the purpose of negotiation with the management on any issues concerned. However, non-registration as an exclusive union for the mine cannot take away its right to represent in individual cases.

Regards

Sir,

In my opinion, the trade union in one of your factories can very well establish their branch. The law does not bar their rights. The only thing you have to note is whether they have the majority.