Worker Participation (State Enterprises) Act, 1988

Appropriate officer.

2.—(1) As regards a specified body, the appropriate officer for the purposes of sections 3 , 4 and 5 of this Act shall be—

(a) in case the specified body is a designated body, the returning officer within the meaning of section 7 of the Principal Act, or

(b) in any other case—

(i) the secretary of the body, or in case there is no such secretary, the officer of the body who performs the functions of secretary of the body, or

(ii) in lieu of such secretary or officer, any other person who, in the opinion of such secretary or officer, is both competent to perform the functions of appropriate officer and acceptable to—

(I) a trade union or other body of persons which the secretary or officer is satisfied is both recognised by the specified body for the purposes of collective bargaining negotiations and representative of a majority of the employees of the body, or

(II) two or more trade unions or other bodies of persons which the secretary or officer is satisfied between them collectively represent a majority of such employees and as regards each of which the secretary or officer is satisfied that the body is so recognised.

(2) An appropriate officer may perform any of his functions through or by any other employee of the relevant specified body or through or by any other person who, in either case, is duly authorised by him in writing in that behalf.