Amendment of section 23 of Bom. XI of 1947

(1) in sub-section (1) (d) for clause (v) the following shall be substituted, namely :- "(v) every industrial dispute in which a settlement is not reached by conciliation shall be offered to be submitted to arbitration or for decisions to a Wage Board as may be mutually agreed upon and that arbitration of the Industrial Court under chapter 11 shall not be refused by any party to the dispute"; (ii) clause (vi) shall be deleted; (2) to sub-section (3), the following provisos shall be added, namely :- "Provided that where two or more unions satisfying the conditions necessary for being entered in the approved list under sub-section (1) apply in the same calendar month for being so entered in respect of the same industry in any local area, union having the largest membership of employers employed in the industry during the calendar month immediately preceding that in which the applications were made shall be entered in the approved list and any application made in any subsequent calendar months shall not be considered by the Registrar until the applications made in the earlier calendar months are disposed of by him. Provided further that where a union satisfying the conditions necessary for being entered in the approved list applies in any calendar month for being so entered in respect of an industry in any local area, any application in any subsequent calendar month by any other union for being so entered in respect of the same industry shall not be considered by the Registrar until the former application is disposed of by him." (3) to sub-section (4), the following shall be added at the end, namely :- "If he is satisfied that the membership of the applicant union had in the calendar month in which the application was made as also in the calendar month immediately preceding it was respectively larger than the membership of the approved unions in those months. The provisions of sub-section (3) shall mutatis mutandis apply to such application."