CIVIL AND CRIMINAL IMMUNITIES OF REGISTERED TRADE UNIONS

ABSTRACT

This study looks at trade union privileges in India and how important they are for protecting the rights and interests of employees. Trade unions play a crucial role in promoting improved pay, benefits, and working conditions for workers. Trade unions’ independence to operate independently and freely articulate the concerns of their members without fear of retaliation is guaranteed by the immunities bestowed upon them by the Trade Unions Act of 1926 and by rulings from the courts. The Trade Unions Act, 1926’s provisions are reviewed in detail, and significant court rulings that have shaped India’s trade union immunity regime are analysed. Attention is placed on the necessity of maintaining a balance between employers’ rights and trade union benefits, as each party should have their concerns fairly and equally addressed. It advises putting in place a system of regulations to keep an eye on trade union operations and guard against their abuse. One way to minimize undue influence is to support the creation of self-governing trade unions that are not associated with any one political party. Added to that, strengthening democratic functioning in trade unions can be accomplished by empowering members to question their unions and strengthening accountability and transparency in union management. A key component of the Trade Unions Act of 1926 is immunity. The Indian Constitution ensures several fundamental rights, which includes the freedom of speech and expression, the right to peaceful assembly, the right to form unions, the right to participate in any profession, trade, or business, and the right to be free from exploitation. These rights are taken into account when approving immunities. It is extremely important to remember that the Trade Union only serves as the representative of all the employees in that particular company, and as such, any rights that the Union obtains should also be granted to it once it has legal personality. The purpose of this section of the study is to look into the kind and scope of immunity that is awarded.

KEYWORDS

Trade unions, employees, workers, rights, regulations, immunities, employer

INTRODUCTION AND HISTORICAL PERSPECTIVE:

The key regulation relevant to trade unions in India is the Trade Union Act, 1926. The 19th-century industrial revolution drastically altered England and other nations in the west. The IR evolution, which altered social life, induced drastic changes in every aspect of manufacturing, notably shipping, production methods, and logistics. Every society saw considerable growth as a result of scientific and technological advancements in the industrial sector, which led to the creation of two classes: the working class (wage earning class) and the managerial class (entrepreneur class)[1]. Despite possessing competing interests, these two classes worked very hard to accomplish the same goals. While the entrepreneur class envisioned maximum production at minimum rates, the working class demanded higher salaries and improved working conditions. This large nation began to mimic the industrial development of Western countries, albeit slowly at first.

The Industrial Revolution led to the emergence of the trade union movement in India as the country’s economic framework grew more complex[2]. The rise of trade union movements in India was extremely slow because of the country’s poor industrial development prior to World War I. The slow rate of growth of trade union movements in India was partly caused by the erratic behaviour of the labour force, a lack of leadership, and the limitation of freedom of expression during British rule[3].

Prior to independence, the colonial government acted to defend the interests of British business owners and to encourage foreign employers. When it came to ensuring that workers had minimal workplace requirements and adjudicating labor issues, the British Colonial Government was operating in a mechanical manner. Following independence, the Indian government executed numerous labor welfare laws that gave the working class rights and benefits, and it additionally provided them a fair deal. “Welfare Legislations” refers to laws aimed at improving the welfare of workers, such as the Factories Act of 1948, the Industrial Disputes Act of 1947, the Minimum Wages Act of 1948, the Payment of Wages Act of 1965, the Workmen’s Compensation Act of 1923, the Employees Provident Funds Act of 1952, the Maternity Benefit Act of 1961, etc.

A nonprofit organization of workers in a particular industry or profession is called a trade union. The Indian Constitution’s Article 19(1)(c) grants workers the freedom to associate and organize for wage negotiations or action as a basic right. However, certain categories of occupations do not qualify for this kind of privilege. It’s because of the reasonable constraints that the Indian government can place in accordance with the provisions of the Indian Constitution.

The Trade Unions Act, 1926 forbids government employees from establishing unions (Tamil Nadu N.G.O. Union vs. Registrar of Trade Unions, LLJ 753 (Mad)).[4]

“A dispute raised by a dismissed employee/workman will not be treated as an industrial dispute, unless it is supported by a trade union, registered or not, or by a body or section of workmen,” the Supreme Court of India and the majority of Industrial Tribunals held in distinct rulings. Therefore, for a disagreement to be classified as an industrial dispute, it must be represented by a trade union, a portion of the workforce, or a body of workers. If not, it will be regarded as a private dispute.

OBJECTIVES

The purpose of this article is to provide a broader understanding of trade unions by an analysis of its definition, history, registration process, and legal protections afforded by pertinent case laws. It provides a succinct explanation to make things simpler and more doable for improved comprehension.

The objective of an article on the criminal and civil immunities of trade unions in labour law would likely be multifaceted, aiming to provide a comprehensive understanding of the legal protections afforded to trade unions in both criminal and civil contexts. Here are some potential objectives such an article might seek to achieve:

Educate Readers: The article would aim to educate readers about the concept of trade unions and their significance in labour law. It would explain the role of trade unions in representing workers’ interests, negotiating collective agreements, and advocating for better working conditions.
Explain Legal Immunities: It would delve into the specific legal immunities granted to trade unions, both criminally and civilly. This might include immunity from certain types of civil lawsuits, such as those related to actions taken during labour disputes, as well as protections against criminal charges in certain circumstances.
Explore Legal Precedents: The article could analyse relevant legal precedents and case law that have shaped the scope and application of trade union immunities. This might involve examining key court decisions that have clarified the extent of trade union protections and the limitations thereof.
Discuss Policy Rationale: It would discuss the policy rationale behind granting immunities to trade unions. This could involve considerations of labor rights, freedom of association, and the need to balance the interests of employers, workers, and the public.
Highlight Challenges and Controversies: The article might explore challenges and controversies surrounding trade union immunities, such as debates over whether certain actions should be exempt from legal liability or concerns about potential abuses of immunity protections.

Overall, the objective of such an article would be to provide a comprehensive analysis of the legal framework governing trade union immunities, while also offering insights into the broader social, economic, and political implications of these protections

WHAT IS TRADE UNION?

Generally speaking, a trade union is an organization made up of employees or wage earners. Typically, it’s a cooperatively formed group of labourers in a particular trade or sector. A trade union is a union of salaried workers committed to preserving and enhancing their working conditions. The British Trade Union Acts of 1871, 1875, and 1913 all define “trade union” in the same way as does the Trade Unions Act of 1926.

Trade unions are defined as “any combination, whether temporary or permanent, formed primarily:” in Section 2(h) of the Trade Unions Act, 1926[5]:

In order to manage the relationship between:

Employees and Employers; or
A trade union is a federation of two or more labour associations which imposes rules on the conduct of any company or trade, either between employers and employees or between workers and workers. As long as this legislation is not at variance with any partner commitments about their own companies.
Any arrangement concerning employment between an entrepreneur and his employees; or Any agreement in exchange for the selling of a business’s goodwill or training in any trade, profession, or manufacture.

The fundamental elements of a trade union include:

There needs to be a mix of employers and labourers, as well as trade or business.
The primary objective of the union must be to direct the relationship between employers and employees or to put regulations on how any trade or business can function.

REGISTRATION OF TRADE UNION

Although not required, it is recommended for worker’s guilds to register, as these groups are entitled to receive certain benefits, security measures, and insurance under the umbrella scheme. The members of the enlisted worker’s groups are granted specific privileges and advantages. The members of the authorized worker organizations are eligible for benefits like insurance, invulnerability, and specific exemptions from certain legal and ethical obligations.

A worker’s guild cannot be established under the Societies Registration Act, the Co-employable Societies Act, the Indian Companies Act, or any other law; alternatively, it must be enrolled under the Trade Unions Act of 1926.

The Trade Unions Act of 1926 prohibits membership in a Civil Servants’ Union. Because the appellants in this case are government employees who participate in the activities of the sovereign government, they do not meet the criteria required to have their worker’s guild enlisted under the Trade Unions Act, 1926, which stipulates that members of the association must be employed in trade, business, or industry. This explains why the Madras High Court dismissed the appeal in Tamil Nadu N.G.O.’s Union versus The Registrar of Trade Unions (AIR 1962) as constitutional grounds.

A competent government will designate a person to serve as each state’s Registrar of Trade Unions. This is the process that worker’s associations use to enlist. [Section 3(1)]. The application for enrolment must be accompanied by at least seven people. The application should be combined with the worker’s guild regulations and any additional information that is required. [Section 5]. Guidelines should include the arrangements that are put forward in Section 6. The Recorder will register Trade Union and record items of interest in his own register. [Section 8]. An office for the worker’s group will be enrolled. [Section 12].[6]

By signing on to its fundamentals, any seven or more members of the association may form a worker’s organization and submit an application to the Registrar for enrolment. Anyone who observes that one or more members of a worker’s guild are entitled to apply for enrolment under this Act by signing the worker’s guild guidelines and, in any case, adhering to the enlistment regulations outlined in this Act.

Taking into account that no labour union will be registered unless, on the day the application is submitted for enrolment, ten percent or less of the workers employed in the foundation or industry it is connected with are members of that worker’s organization:

Additionally, no trade union of workers will be accepted unless it has at least 7 members on the application date who are employees or drawn from the foundation or industry it is associated with.

CRIMINAL IMMUNITIES OF REGISTERED TRADE UNIONS

Members and administrators of registered trade unions are provided with specific privileges and immunities under the Trade Unions Act, 1926, permitting them to engage in their lawful union business without being anxious about facing legal action or criminal repercussions. It is the most crucial right, without which the registered trade union administrators might not be able to carry out their responsibilities satisfactorily.

Section 17 in The Trade Unions Act, 1926

17 Criminal complicity in industrial conflicts. —No If [office-bearer] or a member of a registered trade union makes an agreement with another union member to further any of the trade union’s objectives listed in section 15, that agreement may be punished under sub-section (2) of section 120B of the Indian Penal Code (45 of 1860). Unless the agreement is to commit a felony.

IMPORTANT: Section 15 of the Act lists general funds of a trade union that are registered and that are prohibited from being used for any other purpose.

The payment of earnings, benefits, and expenditures to
The payment of trade union administrative expenses, such as audit fees
The filing of a legal action or the rebuttal of one in which the Trade Union
Conducting trade disputes on behalf of the Trade Union or any member
Members’ culpability for injuries brought on by trade disputes
Repayments to members or their heirs in the event of an accident, unemployment, or worsening health.
The issue whether or not to assume a duty under assurance plans related to the lives of members
Offering educational, social, or religious positive aspects to members or their offspring (including financing for funerals or additional traditions for late members);
The release of a journal whose main goal is to talk about topics that affect employers or workers generally.
Making contributions to any because that seeks to help workers generally in order to further any of the objectives on which the Trade Union may decide its general financial matters.

CIVIL IMMUNITIES OF REGISTERED TRADE UNIONS

Section 18 [7]provides immunity from civil liability.

Immunity from a civil lawsuit in certain situations.

(1) A civil court cannot bring a suit or other legal proceeding against any registered trade union, any 1[office-bearer] or member thereof, to any act done in contemplation or furtherance of a trade dispute in which the trade union member is a party, on the sole basis that the act in challenging induces another person to violate an employment contract, interferes with another person’s trade, business, or employment, or blurs another person’s ability to dispose of capital or labour as they observe a good fit.

(2) If it can be demonstrated that an agent of the union acted in a tortious manner in the contemplation or furtherance of a trade dispute without the knowledge of or in contradiction of specific instructions from the union executive, the registered union shall not be liable in any suit or other legal proceeding in any Civil Court.

In particular circumstances, such as contractual liability, tortuous liability, etc., the leaders and office bearers of registered trade unions are shielded from civil suits, according to this provision.

IMPORTANT CASE LAWS

1. Ahmedabad Textile Research Association vs Atira Employees Union and Anr. (1995 (1) LLN 348; (1994) IILLJ 912 GU)

The Gujarat High Court’s division seat concluded that worker’s guild exercises are reasonable and allowed as long as they are not rendered unlawful, complicated by anything, or rough. Exemplars of such actions include holding shows, yelling trademarks, exhibiting notices, or holding dharnas.

2. In Simpson and Group Companies Workers and Staff Union vs Amco Batteries Ltd. (1991 LLR 95 Karn HC; 1994 II LLN 147)

Decided that till the activity of the association are serene the association can appreciate insusceptibility under the Act.

3. Jay Engineering Works Ltd. V State of West Bengal AIR 1968 Cal 407

Issue:

Is Gera regulated as a striking method by the TU Act?

Gera signifies the actual restricting of a goal through forced occupation or an invasion. It is illegal under S. 340 of the IPC and comprises some kind of actual block.
It inhibits an individual’s capacity to grow. A TU’s labour force may be set aside for exceptional offenses.

In this case, the Calcutta High Court stated that using legend as a form of criticism or display is illegal. Although the extension is really restricted it very well may be deemed legal based on facts and circumstances.

4. R.S. Ruikar v Emperor AIR 1935 Nag 149

The Nagpur Textile Union leader declared a strike in response to this circumstance as the Express Mills in Nagpur had violated some requirements in the terms of resolving a strike that had occurred earlier in the year.

The Court concluded that the candidate was suitably charged in this case because those participating in peaceful protests or strikes always run the danger of harming someone or damaging property when they use tactics like coercive detention of individuals or violence.

CONCLUSION

The Trade Unions Act of 1926, a significant welfare statute, outlines guidelines for trade union protection, benefits, registration, and regulation. Because they are aimed at promoting the health of employees, these laws are frequently referred to as “welfare legislation”. Agreements established between trade unions and employers in India may be enforced by submitting a petition to the Labour Court or Industrial Tribunal in compliance with Section 18 of the Industrial Disputes Act, 1947.

Trade unionism is a relatively new phenomenon in India. During their reign, the British government completely demolished labour union activities. For the first time, trade unionism is given official authenticity in India in 1926 with the passage of the Trade Unions Act. In recent times, trade unionism has experienced immense growth and development in India, including not only the industrial sector but also agriculture and other complementary industries.

In conclusion, the statutory safeguards against infringements on the law and the collective rights of workers are delicately weighed by the civil and criminal immunity granted to registered trade unions. These exemptions protect trade unions from unjustified legal consequences while enabling them to make arguments more effectively. Their use is not without obstacles and disputes, nevertheless.

Trade unions benefit greatly from civil protection during collective bargaining and labor conflicts, but it is essential to draw clear boundaries around them to avoid abuse or exploitation. Similar to this, criminal immunities insulate union executives and members from prosecution for activities carried out in support of union goals; however, they should never be misinterpreted as a pretext for illegal activity.

The legal framework regarding to trade union immunity will need to be constantly adjusted and modified as trade unions undergo ongoing change in response to shifting socio-economic factors. To make sure that these immunities are used wisely and in accordance with the values of justice and fairness, members of parliament, courts, and trade union stakeholders must have a positive discussion.

In summary, trade union privileges are essential for achieving social justice and labour rights, but their use needs to be tempered with a sense of accountability and responsibility. Society may use the collective power of trade unions to create a more just and harmonious work environment by finding a suitable equilibrium between empowerment and regulation.

REFERENCES

[1] S.C. Srivatsava: Industrial Relations and Labour Laws.

[2] B.P. Guha: Wage Movement in Indian Industries: As Reflected in Collective Bargaining Agreements.

[3] Sinha: Industrial Relations, Trade Unions, and Labour Legislation, 2e

[4] Tamil Nadu N.G.O. Union vs. Registrar of Trade Unions, LLJ 753 (Mad)

[5] Bare Act: Trade Unions Act, 1926 along with Central Trade Unions Regulations, 1938. – Universal Law Publishing

[6] Bare Act: Trade Unions Act, 1926

[7] Bare Act: Trade Unions Act, 1926

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