Trade Union: How Trade Unions Enjoy Civil Immunity

A registered trade union, under the Indian Trade Union Act, is entitled to various benefits, privileges, protections, immunities and exclusive rights, compared to unregistered trade unions.

The immunities enjoyed by a trade union can be of two types: civil immunity and criminal immunity. These immunities provide the members and officers of registered trade unions relaxation against various civil and criminal liabilities. The basic rights of trade unions rest on these immunities, without which the proper functioning of trade unions is almost impossible.

Trade Union: Civil Immunities Enjoyed by Trade Unions

The office bearers, members of a registered trade union and a registered trade union itself, is immune to various civil liabilities as provided in Section 18(1) and Section 18(2) of the Trade Union Act. As per the provisions of Section 18(2) of the Act, a registered trade union enjoys immunity from civil suits and liability in case of tortious activity i.e. criminal or illegal wrong act done in contemplation of a trade dispute by an agent of the trade union, without the knowledge of the union executive of the trade union or against the rules laid down by it.

However, the right of a trade union to be protected from civil suits and liabilities are confined to acts done in contemplation of a trade dispute. Nonetheless, such an act must not be illegal. If an act is executed for a reason other than promotion of a trade dispute, the immunity from civil suits is not applicable. The immunity is restricted only to the breach of contract of employment and is not applicable to any other act. If an act of promotion of trade dispute involves violent or illegal means, the trade union or its members cannot plead Section 18(1) to avoid civil suit against them.