Discuss the nature and extent of immunity from criminal conspiracy available to members and office bearers of Registered Trade Unions under the Trade Union Act, 1926.

Question: Discuss the nature and extent of immunity from criminal conspiracy available to members and office bearers of Registered Trade Unions under the Trade Union Act, 1926.

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Answer

Section 17 of the Trade Union Act, 1926, provides immunity to the members and office bearers of registered trade unions from liability in criminal conspiracy cases under certain circumstances. This immunity is granted to protect the legitimate activities of trade unions and their members from prosecution under criminal conspiracy laws.

The nature of immunity from criminal conspiracy available to members and office bearers of registered trade unions under Section 17 is that they are protected from liability for any act done in contemplation or furtherance of a trade dispute. This means that if the act is done in connection with a dispute between employers and employees regarding terms or conditions of employment or any other matter connected with the employment or non-employment, the members and office bearers of a registered trade union cannot be held liable for criminal conspiracy.

The extent of immunity from criminal conspiracy available to members and office bearers of registered trade unions under Section 17 is limited to acts done in furtherance of a trade dispute. This means that any act that is not connected to a trade dispute or is done for some other purpose is not covered by this immunity. Also, the immunity does not extend to acts that are illegal, such as acts of violence, damage to property, or any other criminal acts.

It is important to note that immunity from liability in criminal conspiracy cases is only available to registered trade unions. Unregistered trade unions or any other association of persons are not entitled to this immunity. Additionally, the immunity is not absolute and can be lost if the members and office bearers of a trade union engage in illegal activities or if the dispute is not a genuine trade dispute.

Moreover, Section 17 also provides that a trade union, its office bearers or its members shall not be liable to prosecution under any such agreement or combination for the recovery of damages or compensation for any loss caused to any person by reason of any act done in contemplation or furtherance of a trade dispute. This means that trade unions and their members cannot be held liable for any damages or compensation claims for losses incurred during a trade dispute.

Section 17 of the Trade Union Act, 1926, provides limited immunity to members and office bearers of registered trade unions from liability in criminal conspiracy cases for acts done in furtherance of a trade dispute. This immunity is granted to protect the legitimate activities of trade unions and their members from prosecution under criminal conspiracy laws. However, this immunity is not absolute and can be lost if the members and office bearers of a trade union engage in illegal activities or if the dispute is not a genuine trade dispute.