Respected Seniors,
A company which is employing more than 2000 workmen have got 10 registered unions, out of which only 7 unions, called for major discussions.This 7 unions have got check off facility,ie they got their union subscribtion from the salary of their willing members who gave written authorisation to the employer for the same.The other 3 unions do not have this facility.Among the 7 unions, one particular was splitted,and those splitted members have formed another registered union.The newly formed union,after court's interim order was permitted by the mangement for major talks and entered into wage revision settlement with this new union also.Now this union is demanding the the same check off facility which they were enjoying before the split earlier from their present willing employees.
My quesion is1)whether the management can refuse for check off facility for this union stating that,it may open the door for other 3 unions or the unions to
come in future for claiming the same facility? .
2)whether could it be refused on the grounds that no final order was passed on their recognition by the mangement by the court?
3)Is it obligatory on the part of the management to deduct subscribtion for willing employees of every registered union since there is no law on recognition
of unions in my state.
4)Is there any case law on this issue?
From India, Mumbai
A company which is employing more than 2000 workmen have got 10 registered unions, out of which only 7 unions, called for major discussions.This 7 unions have got check off facility,ie they got their union subscribtion from the salary of their willing members who gave written authorisation to the employer for the same.The other 3 unions do not have this facility.Among the 7 unions, one particular was splitted,and those splitted members have formed another registered union.The newly formed union,after court's interim order was permitted by the mangement for major talks and entered into wage revision settlement with this new union also.Now this union is demanding the the same check off facility which they were enjoying before the split earlier from their present willing employees.
My quesion is1)whether the management can refuse for check off facility for this union stating that,it may open the door for other 3 unions or the unions to
come in future for claiming the same facility? .
2)whether could it be refused on the grounds that no final order was passed on their recognition by the mangement by the court?
3)Is it obligatory on the part of the management to deduct subscribtion for willing employees of every registered union since there is no law on recognition
of unions in my state.
4)Is there any case law on this issue?
From India, Mumbai
Dear friend,
If you have no law relating to the subject-matter of union recognition in your State, the management may opt for observing the Code of Discipline,1953. As per this, the management can deduct union subscription from workmen's wages on request and pay it off to the recognized unions to which the workmen belong. This is called "CHECK-OFF" system and it is an indication of union recognition in practice.But, we should remember that Code of Discipline has no statutory force. There is no right in law to claim that the recognized union alone should be given the check-off facility. In this connection, you can refer to the judgment of the hon'ble High Court of Madras in State Bank Staff Union v. State Bank of India [ (1989)I LLJ 554 ].You have mentioned some interim orders of Court which is not clear.Hence, in my opinion, the off-shoot after the split of the union can not stake a statutory claim for this facility.
From India, Salem
5967If you have no law relating to the subject-matter of union recognition in your State, the management may opt for observing the Code of Discipline,1953. As per this, the management can deduct union subscription from workmen's wages on request and pay it off to the recognized unions to which the workmen belong. This is called "CHECK-OFF" system and it is an indication of union recognition in practice.But, we should remember that Code of Discipline has no statutory force. There is no right in law to claim that the recognized union alone should be given the check-off facility. In this connection, you can refer to the judgment of the hon'ble High Court of Madras in State Bank Staff Union v. State Bank of India [ (1989)I LLJ 554 ].You have mentioned some interim orders of Court which is not clear.Hence, in my opinion, the off-shoot after the split of the union can not stake a statutory claim for this facility.
From India, Salem
Dear Shri UmakanthanJi,
Thank you very much for your relevent case law.Hats off to you,Sir.It settles squarely the issue on hand.Now it is my understanding from the judgement the,the law does not descriminate in between the registered & recognised unions for availing the check-off facility.Section 7(2)(kkk) of the Payment of Wages Act,1936 also paves the way for deduction for subscribtion.The union can enjoy this facility if only the concerned employees sought the same voluntarily.
From India, Mumbai
Thank you very much for your relevent case law.Hats off to you,Sir.It settles squarely the issue on hand.Now it is my understanding from the judgement the,the law does not descriminate in between the registered & recognised unions for availing the check-off facility.Section 7(2)(kkk) of the Payment of Wages Act,1936 also paves the way for deduction for subscribtion.The union can enjoy this facility if only the concerned employees sought the same voluntarily.
From India, Mumbai
Dear Shri UmakanthanJi,
Thank you very much for your relevent case law.Hats off to you,Sir.It settles squarely the issue on hand.Now it is my understanding from the judgement,the law does not descriminate in between the registered & recognised unions for availing the check-off facility.Section 7(2)(kkk) of the Payment of Wages Act,1936 also paves the way for deduction for subscribtion.The union can enjoy this facility if only the concerned employees sought the same voluntarily.
From India, Mumbai
Thank you very much for your relevent case law.Hats off to you,Sir.It settles squarely the issue on hand.Now it is my understanding from the judgement,the law does not descriminate in between the registered & recognised unions for availing the check-off facility.Section 7(2)(kkk) of the Payment of Wages Act,1936 also paves the way for deduction for subscribtion.The union can enjoy this facility if only the concerned employees sought the same voluntarily.
From India, Mumbai
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