IMMUNITIES FROM CIVIL ACTION

TO TRADE UNIONS

SUBMITTED TO -
SUBMITTED BY-
Dr. SHIVA SATISH SHARDA
AVIK AGGARWAL
ROLL NO. - 19071 ASSISTANT PROFESSOR OF
GROUP- 14
LAW
 INTRODUCTION

● The "Trade Union" has been defined in section 2 (zl) of the Industrial Relation Code 2020 as “any
combination, whether temporary or permanent, formed primarily for the purpose of regulating the
relations between workers and employers or between workers and workers, or between employers and
employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes
any federation of two or more Trade Unions.”
● Registered trade unions have some privileges which are as follow-
❖ Section 16 of the Code which provides for Immunity from civil suit in certain cases.
❖ Section 17 of the Code which provides for Immunity from Criminal conspiracy in furtherance of objects of
Trade Union.
 IMMUNITY FROM CIVIL ACTIONS

● Section 16 of the code deals with the immunity from civil actions to members of trade unions in
certain cases.
❖ Clause 1 provides for immunity from civil actions on the ground that
➢ such act induces some other person to break a contract of employment
➢ or that it is an 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.
❖ Clause 2 provides for immunity from any suit or other legal proceeding in any civil court in
respect of any tortious act done in contemplation or furtherance of an industrial 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.
● CASE LAWS
○ Rohtas Industries Staff Union v. State of Bihar
○ Simpson& Group Companies Workers & Staff Union v. Amco Batteries Ltd
ACTIVITIES COVERED UNDER SECTION 16

● Peaceful picketing are

protected. Picketing described
as “Marching to and fro before
the premises of an
establishment involved in a
dispute, generally accompanies
by the carrying and display of a
sign or banner, etc.
● Picketing ceases to be peaceful
the moment it results in a private
or public nuisance.
ACTIVITIES COVERED UNDER SECTION 16

● Intimidation or indulging in
Gherao or wrongful
confinement of officer’s o the
managerial staff or other
members of the public in
premises of that
establishment will be
unlawful.
● The right to picket is closely
limited by the equal right of
others to go about their
lawful affairs free form
obstruction molestation or
intimidation
 LOOPHOLES IN SECTION 16

● First, like immunity from criminal conspiracy immunity from civil action is also
confined to members of the registered trade unions.
● Second, it does not afford adequate protection from civil liabilities, the protection
provided is very limited to a few things mentioned in this section 16 of the code
and does not protect from other causes for civil actions.
● Third. the expression "in contemplation or furtherance of a trade dispute to which a
member of the trade union is a party" is obviously narrower than the ambit of
protection under the said Section 17 of the code
● Fourth, this provision only bars action by means of civil suit but does not other
action like representations, departmental enquiries etc .
 LEADING CASE LAWS

Indian Bank vs Federation Indian Express vs Dalmia Cement Ltd. v.

Indian Bank
Of Indian vs Federation
Bank Indian Express vs
T.M. Nagarajan Dalmia Cement
Naraindas Ltd.Bechar
Anandji v.
Of Indian Bank T.M. Nagarajan Naraindas Anandji Bechar

Federation of Western The Delhi Stock Exchange vs

Federation of Westernv.
India Cine Employees The
DelhiDelhi
StockStock Exchange vs
Exchange
India CinePvt.
Filmalaya Employees
Ltd v. Delhi Stock Exchange
Karamchari
Filmalaya Pvt. Ltd Karamchari
Thank You