Introduction / Context:
This question tests knowledge of labour law in India, specifically the protection granted to workers and trade union members under the Trade Unions Act, 1926. When workers participate in a strike or other collective action, questions often arise about legal liability. Section 18 of the Act is particularly important because it provides immunity in certain circumstances for acts done in contemplation or furtherance of a trade dispute, even if later the strike is considered illegal under some other law.
Given Data / Assumptions:
- The question refers to the Trade Unions Act, 1926.
- The focus is on legal protection when a strike is illegal or later declared illegal.
- We assume that the student is familiar with the basic structure of the Act and its key protective provisions.
Concept / Approach:
The Trade Unions Act, 1926 was enacted to give legal recognition to trade unions and to provide certain immunities to their members and officers. Section 18 of the Act provides immunity from civil suits in respect of acts done in contemplation or furtherance of a trade dispute, provided those acts are within the bounds of the law and do not involve violence, crime or torts outside the scope of industrial action. Even if a strike is later held to be illegal under industrial disputes law, the core idea of Section 18 is that mere participation in legitimate trade union activities in furtherance of a dispute should not expose members to automatic civil liability.
Step-by-Step Solution:
Step 1: Recall that the Trade Unions Act has several sections dealing with registration, rights, liabilities and immunities.
Step 2: Identify the section specifically known for granting immunity in civil proceedings for acts done in contemplation or furtherance of a trade dispute.
Step 3: From labour law textbooks and exam preparation guides, remember that this protective provision is contained in Section 18.
Step 4: Compare the given options and locate Section 18 among them.
Step 5: Select Section 18 of the Trade Unions Act, 1926 as the correct answer.
Verification / Alternative check:
A quick verification method is to associate key section numbers with their themes: Section 16 and 17 are linked to funds and criminal conspiracy, Section 18 to civil immunity, and later sections to internal management and penalties. Remembering this mapping helps confirm that Section 18 is indeed the provision concerning immunity in civil suits for trade dispute related acts.
Why Other Options Are Wrong:
Option B (Section 20) relates to other aspects of trade union functioning and does not provide the primary immunity from civil proceedings for trade disputes.
Option C (Section 24) deals with penalties or other procedural matters and is not the section that grants workers immunity for acts connected with strikes.
Option D (Section 25) also concerns penalties or miscellaneous issues and does not describe the core protective shield for trade union activities in disputes.
Common Pitfalls:
A common mistake is confusing Section 17 and Section 18, because both are linked to protection in the context of trade disputes. Students may also mix up section numbers due to rote memorisation without attaching a clear conceptual meaning to each one. Another pitfall is assuming that if a strike is declared illegal, all participation automatically loses protection, which is not a correct understanding of how the immunity provisions work in labour law.
Final Answer:
The protection for workers in respect of acts done in connection with a trade dispute, even when a strike is later held to be illegal, is provided under
Section 18 of the Trade Unions Act, 1926.
Discussion & Comments