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IMMUNITIES FROM CIVIL PROCEEDINGS
LABOUR LAW-I
Submitted by:
CHITRARTHA GUPTA
Submitted to:
Mr. Bharat Kumar
2!""#
SEMESTER IV
DAMODARAM SAN$IVA%%A NATIONAL LAW UNIVERSIT%
V&'a(ha)at*am
Mar+h 2!,
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ACKNOWLEDGEMENT
I have endeavored to attempt this project. However, it would not have been feasible
without the valuable support and guidance of Mr.Bharat umar. I would li!e to e"tend
my sincere than!s to her.
I am also highly indebted to #amodaram Sanjivayya $ational %aw &niversity %ibrary
Staff, for their patient co'operation as well as for providing necessary information ( also
for their support in completing this project.
My than!s and appreciations also go to my classmates who gave their valuable insight
and help in developing this project.
)hitrartha *upta
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CONTENTS
INTRODUCTION
IMMUNITIES FROM CIVIL ACTIONS.,
LOOPHOLES IN THE SECTION/
ACTIONS COVERED UNDER THE SECTION...0
LANDMARK CASE LAWS.1
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I$+-#&)+I-$:
Immunities from civil proceedings are mentioned in section / which states that
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01 $o suit or other legal proceeding shall be maintainable in any )ivil )ourt against any
registered +rade &nion or any 2office'bearer3 or member thereof in respect of any act
done in contemplation or furtherance of a trade dispute to which a member of the +rade
&nion is a party on the ground only that such act induces some other person to brea! 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.
041 5 registered +rade &nion shall not be liable in any suit or other legal proceeding in
any )ivil )ourt in respect of any tortious act done in contemplation or furtherance of a
trade dispute by an agent of the +rade &nion if it is proved that such person acted without
the !nowledge of, or contrary to e"press instructions given by, the e"ecutive of the +rade&nion.
678%5$5+I-$:
Immunity is provided to the registered trade union from being sued by way of civil suit
under section /. In respect of any act done in contemplation on 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 brea! a contract of employment or that it is in interferencewith 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 wills9
IMMUNIT% FROM CIVIL ACTIONS
Since Section / of the +rade &nions 5ct, 4; is based upon 6nglish law it is useful to
note the development in the &nited ingdom. &ntil
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business of employer, e.g., stri!es causing financial loss to management was actionable in
6ngland and until 4; in India.
Section = of the 6nglish +rade #isputes 5ct,
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trade dispute by an agent of the +rade &nion if it is proved that such person acted without
the !nowledge of, or contrary to e"press instructions given by the e"ecutive of the +rade
&nions. +he above section does not afford immunity to the members or office'bearers of
a +rade &nion for an act of deliberate trespass. +he immunity also cannot be availed of
by them for unlawful or tortuous act1.Durther such immunity is denied if they indulge in
an illegal stri!e or gherao. Moreover, the immunities enjoyed by the union do not impose
any public duty on the part of the union.E
LOOPHOLES OF SECTION !1:
Dirst, li!e immunity from criminal conspiracy immunity from civil action is also
confined to members of the registered trade unions. Fe have already seen that such
protection was limited to /. per cent of the labour force in '4. In terms of the
; report it protected only about . per cent of the labour force.
Second, it does not afford ade@uate protection from civil liabilities. Dor, it is arguable
whether it gives9 protection and, if so, to what e"tent in e"cess of the aforementioned
Section ? of the +rade &nions 5ct. 5 suit or proceedings may not be maintainable for
number of reasons. #oes it necessarily follow that the conduct does not Efurnish ground
for civil actionE within the meaning of Section >= of the Indian 8enal )odeG
+hird. the e"pression Ein contemplation or furtherance of a trade dispute to which a
member of the trade union is a partyE is obviously narrower than the ambit of protection
under the said Section ?. Dourth, this provision helped in the maintenance of union
funds, howsoever meagre. +he real significance is in rejecting the application of the
common law doctrines of restraint of trade and criminal conspiracy in so far as they
encroach in the field of labour management relations. +ogether with Section ?, it
provides a great impetus for, and facilitate the active participation of Eoutside leadersE in
the +rade &nion Movement.
ACTIONS COVERED B% SECTION !1
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. 8eaceful pic!eting are protected. 8ic!eting 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. 8ic!eting may be accompanied by a polite
re@uest as!ing wor!ers not to assist in the running of that establishment or customers not
to patronie that establishment
4. 8ic!eting ceases to be peaceful the moment it results in a private or public nuisance.
Intimidation or indulging in *herao or wrongful confinement of officerJs o the
managerial staff or other members of the public in premises of that establishment will be
unlawful.
=. 5ny show or threat of violence or any other unlawful threat li!ely to create fear in the
mind of a reasonable man will render pic!eting unlawful. 8ic!ets cannot force people to
listen to them. +hey cannot obstruct the passage of customers goods vehicles etc. +hus
the right to pic!et is closely limited by the e@ual right of others to go about their lawful
affairs free form obstruction molestation or intimidation.
CASE LAWS
Dr. P.H. Da*&34 A*5 A*r. 6' K.N. Kr&'h*a I73r
D5)+S:
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+he plaintiff Shri . $. rishna Iyer is the Managing #irector of 6merald Kalley 6states
%td., which is a company owning the Meraflores 6state at $elliyampathy and the
Bedaguli 6state in arnata!a. +he defendants are the 8resident and the *eneral
Secretary, respectively, of the 6state Staff &nion of South India which we shall refer to as
the E&nion.E +he &nion represents the staff of the various estates in South India. 5bout
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I*5&a* E8)r3'' V T.M Na9ara:a*
D5)+S:
+he #elhi 6stablishment of the plaintiff company publishes Indian 6"press, Cansatta and
Dinancial 6"press dailies from its premises situated at Bahadurshah Nafar Marg, $ew
#elhi where the printing units as well as the editorial and administrative offices are
situated. Since >th -ctober, /?. it is alleged by the plaintiff, a small number of
employees led by an outsider Mr.+.M $agarajan have staged a stri!e and have from day'
to'day physically prevented an overwhelming majority of employees from entering the
premises and attending to their duties. +he methods adopted to prevent the entry of
employees included ma!ing it physically impossible for the employees to get into the
building by forming human walls, by abuses, by physical assaults, by strone'throwing
etc. It is further alleged in the plaint that the defendants along with their supporters have
positioned themselves by pitching a tent right at the entrance of the building and have
spread themselves on the steps leading to the building and on the platform or chabutra
inside the building.
ISS&6S:
+he present plaintiff, has filed a suit for permanent and mandatory injunction whereby
claiming a decree to restrain the defendants, their agents and supporters from pic!eting,
demonstrating and gheraoing employees of the plaintiff company and from demonstrating
within a distance of 4
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C*6M6$+
Suit was maintainable and e" parte injunction thereby restraining defendants from
gherao,pic!eting was given.
Ahm35a;a5 T38t&43 R3'3ar+h A''
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ISS&6:
Ouestion was whether ban! was entitled to interim injunction against its own employeesG
C*6M6$+:
+he madras High court held that an interim injunction would virtually prevent the
e"ercise of statutory rights conferred on unions to hold demonstrations and meetings
within the scope of trade unions act thereof no injunction can be provided. If they indulge
in any unlawful activities as specified in Indian penal code the immunity the union
possessing will be ta!en from them.
S&m)'
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0i1 from interfering in any manner whatsoever with the free movement of plaintiffs
e"ecutives, contractors, staff, suppliers and other public from entering into and out of
plaintiffs Hebbal plant9
0ii1 from interfering or obstructing the free movement of carsLvehicles and lorries
carrying raw materials, intermediaries, end products into and of plaintiffs Hebbal plant9
0iii1 from endangering the life of persons, contractors, e"ecutives, staff of plaintiff and
property of plaintiff and allow costs of this suit.
C*6M6$+:
5 demonstration by the employees is protected under 5rticle of the )onstitution of
India provided it is peaceful and orderly. Such a demonstration is, therefore protected
even apart from Section / of the +rade &nions 5ct, 4;. Section / does not afford
immunity for an act of deliberate trespass. +he members of a trade union may resort to a
peaceful agitation by gathering together either outside the industrial establishment or
inside within the wor!ing hour. provided it is peaceful and no violence, intimidation or
molestation is involved and there is no violation of the provisions of law. 5n act in
contemplation or in furtherance of a trade dispute which induces breach of contract on
other employees or causes interference with trade, business or employment of some other
to dispose of his capital or labour as he wills would not be actionable, but such
inducement or interference must be by lawful means and not by means which would be
illegal or wrongful. +he display of posters within or outside the place of business is
permissible. +he wor!ers are entitled to the protection of Section / of the +rade &nions
5ct even if the stri!e is illegal under Section 4>0l1 of the Industrial #isputes 5ct.
F353rat&
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In this case there was a dispute between Dilmalaya 8vt. %td., a private limited company
and the wor!ers 0represented through federation of affil iated unions1 regarding
employment, non'employment, status of employees and alleged illegal termination of
services of certain wor!ers. +he federation of unions of the concerned affiliated union
issued a letter on May =, /< addressed to various bodies and associations of cine
artists, technicians and wor!ers re@uiring them to issue instructions directing their
members not to report for shooting wor! at the studio of Dilmalaya 8vt. %td. +he net
effect of that letter was that the business of the company had come to a standstill. +he
company, therefore, filed a suit against the employees mainly for an injunction restraining
them from acting upon the directive of the federation.
ISS&6S:
5 @uestion arose whether an injunction can be issued restraining the trade union, its
members or agents from acting upon the direction issued by the union, namely, not to
report at the studioG +he Bombay High )ourt answered it in the negative because such
act was protected by Section / of the +rade &nions 5ct, 4;.
C*6M6$+:
+he civil court came to the conclusion that there was no trade dispute pending between
the parties and hence, Section / had no application to the fact. It also issued a notice of
motion in absolute in terms of prayer. +he High )ourt observed that directions amount to
intimidation or coercion and, therefore, protected by Section /. +he court added that the
act in contemplation or in furtherance of trade dispute, which induces breach of contract
of other employees causes interference with the trade, business or employment of some
other person fell within the ambit and scope of Section /. However, the inducement or interference must be by lawful means. In other words, Section / does not give protection
to the trade union from acts of violence./ +he court accordingly held that the union was
entitled to carry out its legitimate trade union activities peacefully and, therefore, slogans
or demonstrations per se could not be termed as unlawful and hence, a blan!et injunction
could not be granted in that behalf. +he court however, cautioned that this was not to say
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stri!es must be peaceful and not violent and there is no e"emption where an offence is
committed. +herefore, a concerted movement by wor!men by gathering together either
outside the industrial establishment or inside, within the wor!ing hours is permissible
when it is peaceful and does not violate the provisions of law. But when such a gathering
is unlawful or commits an offence then the e"emption is lost. +hus, where it resorts to
unlawful confinement of persons criminal trespass or where it becomes violent and
indulges in criminal force or criminal assault or mischief to person or property or
molestation or intimidation, the e"emption can no longer be claimed.
R
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Supreme )ourt did not decide the @uestion as to whether the 8atna High )ourt was right
in relying on Section / of the 5ct to rebuff the claim for compensation because the
Supreme )ourt did not wish to rest their judgement on that ground.
Th3 D34h& St
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Fhether an e" pane injunction order for restraining from holding any demonstration,
bloc!age, dharna, pic!eting and in any manner causing obstruction in the ingress or
egress to and from the premises at offices at and also from bloc!ing the wor!ing of the
plaintiff G
C*6M6$+:
+he interim order dated
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Shah5
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5ccordingly, the )ourt below had jurisdiction to proceed with the suit for perpetual
injunction restraining the defendant trade union office bearers, members, sympathiers
from resorting the illegal means during the stri!e either directly or through their
members, sympathiers and supporters in the hume pipe factory of plaintiff Shahdol 8ipe
For!s. It is admitted that defendant trade union is a registered trade union and after
giving the re@uisite notice went on stri!e. +herefore, none of the defendant shall be held
liable for any tortuous act done in contemplation or furtherance of the trade dispute
aforesaid.. 5ccordingly, the )ourt below rightly rejected the claim for recovery of
damages as claimed by plaintiffs Shahdol 8ipe For!s.
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