(a) the guidelines being followed to recognise any trade union in the Defence
Ministry;
(b) whether any particular trade union has been recognized in the defence
industry without following the stipulated guidelines; and
(c) if so, the details thereof and the reasons therefor?
MINISTER OF DEFENCE (SHRI PRANAB MUKHERJEE)
(a) The Rules for Recognition of Unions are being followed to recognize any
Trade Union in the Defence Ministry. The main guidelines incorporated under
these Rules are stated in the statement enclosed.
(b) No, Sir.
(c) Does not arise in view of (b) above.
STATEMENT REFERRED TO IN THE REPLY GIVEN IN PART (a) OF
LOK SABHA UNSTARRED QUESTION NO. 1270 FOR 15.7.2004
Guidelines for Recognition of Trade Unions of Workers employed in the
Ministry of Defence Establishments
The applications of the Unions seeking Recognition under the Rules for
Recognition of Unions of workers employed in Ministry of Defence
Establishments are examined under the Rules circulated vide Ministry of Defence
letter No. 14(4)/93/D(JCM), dated 6th September 1995 as amended from time to
time. The Main guidelines under these Rules are as under:-
1. As a general principle, the grant and continuance of Recognition to workers`
Workers` Unions rests in the discretion of the Government.
2. The Union must be registered under the Trade Union Act, 1926.
3. The Union should be functioning in an Industrial Establishment.
4. The membership of the Union seeking recognition must be confined
to workmen employed in the same Industry or Industries closely
allied to or connected with each other.
5. It must be representative of all workmen employed in the Industry or
Industries and must not provide for exclusion from its membership of
any class of workmen except for the categories of employees prohibited
under the Rules to become members of a Union.
6. The Union should have atleast 15% membership of the total
strength of workers/employees who are eligible to join as members.
7. The Rules or the Constitution of the Union must include a modal
strike clause regarding the procedure for declaring strikes.
8. The Rules/Constitution of the Union should provide for holding of its
Executive Committee meeting at least once in six months.
9. The Union shall not maintain a political fund.
10. None of the Office Bearers of the Union should be a dismissed/removed/
discharged person from Government service on disciplinary grounds.