Immunities and Privileges of Trade Unions: Detailed Notes for University Exams

The Trade Unions Act, 1926 grants privileges and protections to the members and leaders of registered trade
unions, allowing them to carry out legitimate union activities without fear of legal repercussions, both
criminal and civil. These protections are necessary for union officials to perform their duties effectively and
help in maintaining the balance between workers’ rights and employer interests.
Immunities Against Criminal Conspiracy (Section 17):
Section 17 provides protection from criminal conspiracy charges under Section 120B(2) of the Indian Penal
Code (IPC). This means that if trade union members agree to further the objectives of the union, they are not
liable for criminal conspiracy unless the agreement involves committing an offense.
Key conditions for immunity include:
1. The person claiming immunity must be a member or office bearer of a registered trade union.
2. The trade union must be registered.
3. The agreement must be for a lawful objective, as covered under Section 15 of the Act.
4. Immunity applies only to lawful and peaceful strikes, not to any criminal offenses.
For example, in R.S. Ruikar v. Emperor, the president of the Nagpur Textile Union called for a strike due to
violations of a previous settlement. During the strike, some picketers acted unlawfully, and the president was
convicted of abetting picketing under the Criminal Amendment Act, 1932. The court held that while trade
unions have the right to strike and engage in lawful activities, any criminal actions during the strike, such as
wrongful confinement or assault, are not protected under the Trade Union Act.
Another case is Jay Engineering Works Ltd. v. State of West Bengal, where the court addressed whether the
act of "Ghera" (blocking access to the premises) during a strike was protected. The court ruled that "Ghera"
is an unlawful method of protest because it involves wrongful restraint, which is punishable under Sections
339 and 340 of the IPC. Therefore, immunity under Section 17 does not extend to such acts.
Immunities Against Civil Liability (Section 18):
Section 18 provides immunity from civil suits in certain circumstances. No civil court can hear a suit against a
registered trade union, or its members or leaders, for any acts committed in furtherance of a trade dispute,
as long as these acts:
 Induce others to break a contract of employment.
 Interfere with another person's trade, business, or employment.
 Interfere with the right of another person to dispose of their capital or labor freely.
However, this protection does not apply if the actions involve unlawful or violent conduct. In Ahmedabad
Textile Research Association v. ATIRA Employees Union and Anr., the Gujarat High Court held that as long as
union activities like demonstrations or slogans remain peaceful, they are lawful and protected. However,
activities that result in damage to property or obstruct access to the employer’s premises are considered
illegal and lose immunity under Section 18.
In Simpson and Group Companies Workers and Staff Union v. Amco Batteries Ltd., the Karnataka High Court
ruled that immunity under Section 18 applies only to peaceful strikes. If union members obstruct the
movement of people and materials, they lose the protection under the Act, as this constitutes unlawful
interference.
Thus, Sections 17 and 18 of the Trade Unions Act provide essential immunities to trade unions, ensuring that
they can function without fear of criminal conspiracy charges or civil suits, provided their actions are lawful,
peaceful, and do not involve criminal offenses.
Detailed Notes on Constitution and Labour Laws

Constitution and Labour Laws in India

The Constitution of India serves as the fundamental legal framework for all laws, including labour laws. The
Constitution outlines the structure, functions, and powers of various government bodies while ensuring the protection
of fundamental rights, including those related to labour.

Supremacy of the Constitution

 The Constitution is the supreme law of the land, and all other laws must align with its provisions.

 Every branch of the state (executive, legislative, and judiciary) derives its authority from the Constitution. No
state authority can act outside the scope of the Constitution.

Labour Laws and Constitutional Provisions

The Indian Constitution recognizes the dignity of labour and the need to protect workers' rights. Key constitutional
provisions related to labour laws are found in Chapter III (Fundamental Rights) and Chapter IV (Directive Principles of
State Policy).

Fundamental Rights Related to Labour Laws

1. Article 16 - Equality of Opportunity in Employment

o Guarantees equal opportunities for employment in public offices.

o Prohibits discrimination based on religion, race, caste, sex, descent, place of birth, or residence.

o Allows for the reservation of posts for underrepresented classes (e.g., Scheduled Castes and Scheduled
Tribes).

2. Article 19 - Freedom of Speech, Association, and Movement

o Ensures the right to form associations, including trade unions.

o Citizens have the freedom to assemble peacefully and form associations for collective bargaining and
representation of workers’ interests.

3. Article 23 - Prohibition of Forced Labour

o Prohibits human trafficking and forced labour in any form.

o Any violation of this right is punishable by law.

o The state may impose compulsory service for public purposes, but without discrimination.

4. Article 24 - Prohibition of Child Labour

o Prohibits the employment of children under the age of 14 years in hazardous industries such as
factories and mines.

Directive Principles of State Policy (DPSP) Related to Labour

1. Article 39 - Protection of Workers and Fair Wages

o Calls for policies ensuring equal pay for equal work, equitable distribution of wealth, and prevention of
exploitation of workers and children.

2. Article 41 - Right to Work and Public Assistance

3. Article 42 - Just and Humane Conditions of Work and Maternity Relief

o Mandates the provision of humane working conditions and maternity benefits for working women.

4. Article 43 - Living Wage and Decent Working Conditions

o Encourages the state to secure living wages, leisure time, and decent working conditions for all
workers.

5. Article 43A - Participation of Workers in Management

o Added by the 42nd Amendment, this article encourages the participation of workers in the
management of industries, promoting industrial democracy.

Labour Laws and International Influence

Indian labour laws have been influenced by international conventions, particularly those of the International Labour
Organization (ILO). The ILO provides standards for fair labour practices, which have been incorporated into Indian laws
over time.

Key International Influences

 Human Rights Standards: Indian labour laws incorporate elements of human rights, such as the right to work,
protection against discrimination, prohibition of child labour, and social security for workers.

 United Nations Conventions: Labour laws in India also align with various United Nations conventions on
worker rights and social welfare.

International Labour Organization (ILO) and Trade Unions

The ILO and trade unions work together to promote social justice and decent work for all workers.

ILO’s Structure

1. Tripartite System: The ILO operates on a tripartite structure, representing governments, workers, and
employers in its deliberations. This approach ensures that all stakeholders are involved in shaping labour
policies.

2. International Labour Conferences: The International Labour Conference (ILC) meets annually to set standards,
adopt conventions, and discuss labour-related issues.

3. International Labour Standards: The ILO develops Conventions and Recommendations to establish
international norms for labour rights, which countries can ratify.

India’s Role in the ILO

 India is a founding member of the ILO and has ratified 47 Conventions and 1 Protocol.

 Indian representatives have regularly participated in ILO’s governing bodies, contributing to shaping
international labour policies.