Immunities of Trade Union

this slide shows the immunities enjoyed by trade unions under the Act of 1926

1. LABOUR LAW – I IMMUNITIES OF TRADE UNION BY CAROLINE ELIAS

2. IMMUNITIES OF TRADE UNION Immunities (from civil & criminal liability)is the important and basic right without which no trade union activity in proper sense is possible. To realize the main object of trade union (better working conditions of its members) Office bearers are authorized to represent the workers in any dispute with their employers. [Sec.36] Before enactment of Trade Union Act 1926, such interferences by the unions were held to be illegal conspiracies and employees were awarded damages. This Act granted to Trade union, Office bearers & the members, certain privileges and immunities. For the acts done in furtherance of a dispute inducing breach of contract of employment.

3. IMMUNITIES FROM CRIMINAL LIABILITY: Under Sec. 17 of the Act , no Office bearer / member shall be liable to punishment u/ sub section (2) of Sec.120 B of IPC, unless the agreement is an agreement to commit an offence. [Sec.120 B of IPC = Punishment to criminal conspiracy] Therefore, a concerted movement by workmen by gathering either inside / outside the establishment during the working hours is permissible, when it is peaceful and does not violate the law. But when such gatherings commits an offence, the exemption is lost. Thus, where it resorts to unlawful confinement of the persons, criminal trespass or where it becomes violent and indulges in criminal force or criminal assault or mischief to a person / property/ molestation / intimidation, exemption cannot be claimed.

4. IMMUNITY FROM CIVIL LIABILITY: Under Sec. 18(1), no suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any office bearer or member. The immunity from civil suits and liability is confined to the act done in contemplation or furtherance of a trade dispute. The breach of contract of employment purely on account of the inducement generated by the act does not render it actionable by virtue of this provision. However, the inducement must be by lawful means and not prohibited by the law of the land.

5. Where the inducement is accompanied by illegal means, such as violence, intimidation etc., Trade union / members cannot plead u/ Sec. 18(1) U/ Sec. 18(2) , it gives immunity to Trade union against tortious liability for the acts done by its agents if it is proved that the agent acted without the knowledge of the union executive or contrary to its express instructions.