Immunities (Civil & Criminal) Extent

Immunities (Civil & Criminal) Extent
Ques - Discuss the concept of 'Civil Immunity' to the workers given

under Section 18 of the Trade Unions Act, 1926.
Ans. 1. Immunity of the Trade Union from civil and criminal liability
constitutes the most important and basic right without which any Trade
Union activity in the proper sense is not possible. The main object of the
union is to better the working conditions of its members. To realise this
object, union office bearers are authorised to represent workers in any
dispute with their employers. The Trade Unions Act, 1926 was primarily
enacted to protect the union leaders for the acts done by them in connection
with the legal activities of trade unions.
Immunities and Privileges of a Registered Trade Union
Exemption from Civil Suits [Section 18(1)]
section 18(1) provides immunity to registered Trade Unions, their office-

bearers and members from civil suits or other proceeding of a civil nature in
respect of any act done in contemplation or furtherance of a trade dispute on
the ground only that:
(a) such act induces some other person to break a contract of employment,
or
(b) such act is an interference
(i) with the trade, business or employment of some other person, or
(ii) with the right of some other person to dispose of his capital or his
labour as he wills.
The immunity has been extended to the Union for acts done by office bearers
and members of Union only if done "in contemplation or furtherance of a
trade dispute" in the general interest of the working class.
Exemption from Tortious Liability [Section 18(2)]
Section 18(2) of the Trade Unions Act, 1926 grants immunity to registered
trade unions from tortuous liability. Section 18(2) of the Act provides as
follows: -
A registered trade union shall not be liable in any suit or other legal
proceeding in any civil court in respect of any tortious act done in
contemplation or furtherance of a trade dispute by an agent of the trade
union if it is proved that such person acted without the knowledge of, or
contrary to express instructions given by the executive of the trade unions.
Any show or threat of violence, or any other unlawful threat likely to create
fear in the mind of a reasonable man will render picketing unlawful. Pickets
cannot compel people to listen to them. They cannot obstruct the passage of
customers, goods, vehicles, etc. It is not a trade union right or a fundamental
right under Art. 19. Thus, the right to picket is closely limited by the equal
right of others to go about their lawful affairs free from obstruction,
molestation or intimidation. The acts of peaceful picketing are, protected
under Sec. 18.It is to be noted that protection under Sec. 18 does not
extend to libel actions (defamation).
In Rohtas Industries Staff Union v. State of Bihar
In this case, Consequent to non-payment of bonus and failure to implement

an existing award, certain workmen went on an illegal and unjustified strike
at the instance of the union. Later they withdraw the strike on agreement to
refer the matter to arbitration. A question arose whether the employers have
any right of civil action for damages against the strikers.
The arbitrator held that the workers who participated in an illegal and
unjustified strike, were jointly and severely liable to pay damages. On a writ
petition the Patna High Court quashed the award of the arbitrator and held
that employers had no right of civil action for damages against the
employees participating in an illegal.
section 18 grants civil immunity in case of strike by the members of the

trade union, and compensation for loss of business was not a dispute or
difference between the employers and the workmen which was connected
with the employment or non-employment or terms of employment or with
the condition of labour of any person.
In Jay Engineering Works v. Staff, whether the protection under sections

17 and 18 of the Trade Unions Act can be availed of where workers resort to
gherao- observed as follows: -
A concerted movement by workmen by gathering together either outside the

industrial establishment or inside within the working hours is permissible
when it is peaceful and does not violate the provisions of law. But when such
a gathering is unlawful or commits an offence then the exemption is lost.
Ques - Immunity from criminal conspiracy under S. 17 of the Trade
Unions Act, 1926.
Ans - Section 17 – Immunity from criminal Conspiracy
No office-bearer or member of a registered Trade Union shall be liable to

punishment under sub-section (2) of section 120B of the Indian Penal Code in
respect of any agreement made between the members for the purpose of
furthering any such object of the Trade Union as is specified in section 15,
unless the agreement is an agreement to commit an offence.
This immunity is partial in the sense that it is available only with respect to
the legal agreements created by the members for the furtherance of valid
objects of a trade union as described in Sec. 15. The immunity cannot be
claimed for an act that is an offence.
R.S. RUIKAR V EMPEROR
In this case, the applicant R.S. Ruikar (President of Nagpur Textile Union) was
convicted of the abetment of the offence of molestation defined in Sec. 7,
Criminal Law (Amendment) Act, 1932. The aforesaid Union called for a strike
of textile workers in Nagpur on the ground that certain terms of the
settlement had not been honoured by the Empress Mills in Nagpur. The
applicant brought his wife to one of the mill gates and posted her there with
instructions to beat, with her slippers, anyone who interfered with her.
Appellant contended that this matter belongs to industrial dispute so section

7 of criminal law amendment law will not apply since he is immune from
criminal conspiracy under sec 17.
Issue- whether applicant is immune from criminal conspiracy through sec 17

of trade union act, in this case or not.
The court observed: Trade Unions have the right to declare strike and to do
certain acts in furtherance of trade disputes, they can’t commit any offence
during strikes.
Court further added, any agreement to commit an offence would under

section 17 of the act make them liable for criminal conspiracy.
Court finally held that there is no immunity under sec 17, if the act falls
within the scope of sec 7 of criminal law ( amendment) act 1932.

Immunities (Civil & Criminal) Extent

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Immunities (Civil & Criminal) Extent

Ques - Discuss the concept of 'Civil Immunity' to the workers given

Immunities and Privileges of a Registered Trade Union

Exemption from Civil Suits [Section 18(1)]

section 18(1) provides immunity to registered Trade Unions, their office-

(b) such act is an interference

(i) with the trade, business or employment of some other person, or

Exemption from Tortious Liability [Section 18(2)]

In Rohtas Industries Staff Union v. State of Bihar

In this case, Consequent to non-payment of bonus and failure to implement

section 18 grants civil immunity in case of strike by the members of the

In Jay Engineering Works v. Staff, whether the protection under sections

A concerted movement by workmen by gathering together either outside the

Ans - Section 17 – Immunity from criminal Conspiracy

No office-bearer or member of a registered Trade Union shall be liable to

R.S. RUIKAR V EMPEROR

Appellant contended that this matter belongs to industrial dispute so section

Issue- whether applicant is immune from criminal conspiracy through sec 17

Court further added, any agreement to commit an offence would under

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