There is no illegality in forming unions for office staff. Trade union is an association of employees and it is not an association of workers who come under the purview of Industrial Disputes Act. In Government Tool Room and Training Centres Supervisory and Officers’ Association, Bangalore Vs Asst. Labour Commissioner & Deputy Registrar of Trade Unions, Bangalore [(2002) 2 LLJ 339 (Kar)], it was held that any group of employees irrespective of whether they are ‘workmen’ under Industrial Disputes Act or not can be registered as a trade union under Trade Union Act.
Now, the term registration is different from recognition. The latter by law is available only in some states, like Kerala, Maharashtra, West Bengal, Orissa etc. Recognition of trade union involves a process in which a referendum will have to be carried out to know which union has majority of members or to find out which is the sole bargaining agent, principal bargaining agent or constituent of bargaining council. All registered trade unions need not get recognition. In a negotiation the employer is under no obligation to call a union which has less than 15% of membership or is not even a constituent of bargaining council.
Madhu T K