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A writeup on Trade Unions Act with sec 17 and 18
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A writeup on Trade Unions Act, 1926 While some believe that the THE TRADE UNIONS ACT, 1926 provides immunity from all civil suits, the specific section from the Act suggest only some special circumstances are given such privilege. To protect the interests of Registered Trade Unions, its office-bearers and members against Civil and Tortious Liability, Section 18 - Immunity from civil suit in certain cases, was included in The Trade Unions Act, 1926 which shields them from all such liabilities which were genuinely done in contemplation or furtherance of a trade dispute. While section 18(1) talks about the maintainability of the civil suits against any Registered Trade Union or office-bearers or members to which a member of the Trade Union is a party, section 18(2) deals with the tortious liability of Registered Trade Union for the act done by an agent of the Trade Union Section 18(1) states: No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any office-bearer or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills. This subsection says that no suit or other legal proceeding is maintainable in any Civil Court for any act done by any registered Trade Union or its office-bearer or its member in regards or consideration or promotion of a trade dispute which involves inducing other person to violate the contract of employment. An act which also includes interference with the trade, business or employment of some
other person or restricting the other person from disposing of his capital or labour against his willingness. This subsection, in a way grants some respite to the Trade Union, office-bearers and its members from Civil liabilities only when such acts done are with respect to a trade dispute. Additionally, Section 18(2) states: 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 Union. Similarly, subsection 2 distances the Registered Trade Union from its agent in case of any tortious act committed with regards to or furtherance of a trade dispute. However, such protection is subjected to proving of the fact that the individual who has acted as an agent had done such tortious activity either with the lack of knowledge or against the express instructions given by the executive of the Trade Union. In essence, a general understanding that Section 18 provides an absolute immunity to Registered Trade Unions, its office-bearers and members against Civil and Tortious Liability is just a misconception, not all civil wrongs would be immune under the The Trade Unions Act, 1926.