SCHOOL OF LAW – RAFFLES UNIVERSITY

Labour and Industrial Laws- I – Shubhangi 1

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 criminal and civil immunity
Sec 17 -18
RS Ruikar v Emperor (1935)
RS ruikar, president of Nagpur textile union convicted for the
offence of abetment of molestation which is defined u / sec 7 of
criminal law act 1932.
the applicant made speeches supporting the strike and in the course of
his speeches advocated and encouraged the picketing of the mills and
called for volunteers to carry on the picketing. On the morning of 5th May
as a result of a complaint made by some of the strike committee that two
women picketers had been harassed by the police and driven away, the
applicant brought his wife to one of the mill gates and posted her there
with instructions to beat, with her slippers, any one who interfered with
her.
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 • The principal contention on behalf of the applicant is that on the facts
found against him in trial and in appeal no offence has been committed
as S. 7, Criminal Law Amendment Act (23 of 1932) can have no
application to purely industrial disputes.
• Another contention was trade union is immune from criminal liability
u/sec 17 of act.
• Observation by court:
That trade union has right to go on strike and to do all act in furtherance
of trade dispute. They are not liable civilly for such acts or criminally for
conspiracy in the furtherance of such acts as Trade Unions Act permits,
but there is nothing in that Act which apart from immunity from criminal
conspiracy allows immunity from any criminal offences.
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 Indeed any agreement to commit an offence would, under S. 17, Trade
Unions Act, make them liable for criminal conspiracy. S. 7, Criminal Law
Amendment Act, is part of the Criminal law of the land and an offence
committed as defined in that section is an offence to which the
concluding sentence of S.17, Trade Unions Act, applies as much as it
would do to an agreement to commit murder.
S. 7, Criminal Law Amendment Act defines a criminal offence of universal
application without restriction and it must be interpreted according to its
plain and obvious meaning, and as it defines a criminal offence it is not in
conflict with the provisions of the Trade Unions Act, which remains
unimpaired by S. 7, Criminal Law Amendment Act. In abetting the
commission of this offence, an offence which was undoubtedly
committed, the applicant has been correctly convicted.
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 West India Steel Company Ltd. V. Azeez
A trade union leader obstructed work in the factory for five hours
protesting against deputation of workman to work in another section. It
was held that a worker inside the factory is bound to obey reasonable
instructions given by his superiors and carryout the duties assigned to
him.
The mere fact that such worker is a trade union leader does not confer on
him any immunity in that regard. A trade union leader has no right in law
to share managerial powers and he cannot dictte any worker individually
or to the workmen generally about

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 contd
The manner in which they have to do their work or discharge their duties.
A trade union can espouse the cause of the workers and can resort to
lawful agitations for conducting their rights but officials of trade union are
not entitled to order a workman to stop his work or otherwise obstruct
the work of the establishment. Where officials of a trade union obstruct
the work the management is justified in proceeding against such worker
and deal with him effectively.
In Simpson and group companies workers and staff union v. Amco
Batteries Ltd.
It was held that physical interference or duress with free movement of
executives, contractors, staff, suppliers and other public or physically
obstructing the free movement of cars, vehicles and lorries carrying
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 Raw materials, intermediaries end products into and out of the premises
could not be justified as a trade union right or fundamental right u/art 19
of Constitution.
Sec 19: enforceability of agreement- in India it is the general principle that
an agreement in restraint of trade is void because it is opposed to public
policy or to in violation of public policy.
The public in general have an interest in every person carrying on his
trade or business freely. Therefore, all restraint on individual liberty to
trade are declared void on the grounds of policy.
The above principle is affected by the provisions of sec 19 of trade union
act.

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 Sec 19. Enforceability of agreements.—Notwithstanding anything
contained in any other law for the time being in force, an agreement
between the members of a registered Trade Union shall not be void or
voidable merely by reason of the fact that any of the objects of the
agreement are in restraint of trade: Provided that nothing in this section
shall enable any Civil Court to entertain any legal proceeding instituted
for the express purpose of enforcing or recovering damages for the
breach of any agreement concerning the conditions on which any
members of a Trade Union shall or shall not sell their goods, transact
business, work, employ or be employed.

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 According to this section an agreement between the members of a
registered trade union in restraint of trade shall not be void or voidable.
It means an agreements made between the members of a registered
trade union not to accept employment unless certain conditions as to
pay, hours of work etc. are fulfilled will not be void or voidable.
There is an important proviso to this rule in sec 19 itself which prevents
Civil Courts from entertaining any legal proceeding instituted for the
express purpose of enforcing or recovering damages for any breach of
any agreement concerning the conditions on which any members of trade
union shall not sell their goods, transact business, work, employ or be
employed.

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 in this sub section the word ‘express’ means where the purpose of
instituting the legal proceeding is not expressly to recover damages for
breach of an agreement, it is enforceable.
This provision relate to a registered trade union. There may be a trade
union not registered nut lawful under the ordinary law. Agreements made
between members of an unregistered lawful trade union are enforceable
so long as they conform to general law of contract.

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