section 17
Recognition of another union in place of existing Representative Union
The Madhya Pradesh Industrial Relations Act, 1960(1) If any time any union makes an application to the Registrar for being recognized in place of the Union already recognized as the Representative Union for an industry in the local area on the ground that it has a me membership of fifty one percentum or more of the employees employed in such industry the Registrar shall call upon the Representative union by a notice in writing accompanied by a copy of the application to show cause within one month of the receipt of such notice why the (1) Any union which has for the whole of the period of three months next preceding the date of its application under this section a membership of not less than twenty-five percentum of the employees employed in the industry in any local area may apply in the prescribed form to the Registrar for recognition as a Representative Union: Provided that the provisions of this sub-section shall not apply to an industry in a local area in respect of which a Representative Union is already recognised under the provisions of this Act: Provided further that if the Registrar is satisfied that the application is in order, he shall cause notice to be published in the prescribed manner calling upon other unions, if any, having a larger membership of employees employed in such industry or any other interested person to show cause within the prescribed time as to why the applicant union should not be recognized in its place. An application made under this sub-section shall be accompanied by such fee as may be prescribed; Provided that no application shall be entertained under this sub-section unless a period of two years has elapsed from the date of the issuance of certificate of recognition to the existing union under sub-section (2) of section 17; Provided further that the registrar shall not entertain any application from a union for recognition unless a period of one year has elapsed from the date of disposal of the previous application of that union; (2) The Registrar shall forward to the Labour officer a copy of the said application and notice. (3) If, on the expiry of the period of notice under sub-section (1), and after holding such inquiry as may be prescribed, the Registrar is satisfied that the applicant union complies with the conditions of recognition specified in section 14 and that its membership was, during the whole of the period of three months immediately preceding the date of the application under this section, not less than fifty one percentum of the employees employed in such industry in a local area, he shall, subject to the provisions of section 13, recognize the applicant union as the Representative Union for such industry in a local area. (4) On the recognition of the applicant union under sub-section (3), the recognition of the Representative Union shall stand cancelled.
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