This document discusses the immunities granted to trade unions and their members under Indian law. It explains that the Trade Union Act of 1926 granted certain privileges and immunities to trade unions, their office bearers, and members for acts done in furtherance of a labor dispute. Specifically, it provides criminal immunity for concerted worker gatherings and actions during disputes as long as they remain peaceful and lawful. However, criminal immunity is lost if unlawful confinement, trespassing, violence, force, assault, mischief or intimidation occurs. The act also grants civil immunity for actions taken in contemplation or furtherance of a trade dispute, as long as inducement is through lawful means.

1. 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.