Premalatha.S.Bhat (Legal Consultant) 13 December 2012

Immunity under trade union act

Hi All,

I have a doubt :

The Registered Trade Union of company has called for a strike in furtherance of certain disputes. On persuation, Non- members of the union also join the strike. In such case, will these non members also enjoy the immunity under Sec. 17 and 18 of the TU Act, or are they liable for legal(Civil/criminal) action. Can the management take legal action against these non-members alone?

I would be grateful if I could get some citation also.

Thanks,

Premalatha. S., Bhat

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2 Replies

darshana sawant (associate consultant) 14 December 2012

dear madam,

The union offic e bearers do not enjoy any immunity as far as work is concerned. This proposition is upheld in the case oif blue star workers union which I have attached herewith. Similarly, unionised or non unionised, first thjey are workers so if they indulge in indiscipline, you can initiate disciplinary action against them and if they subject to violence then criminal action can also be initiated to safeguard the interest of the company and employees.