Paper On Analyzing The Civil And Criminal Immunities And Its Impact On The Trade Unions
- IJLLR Journal
- 1 day ago
- 2 min read
Riya Dev Sharma, VIPS, Delhi
Kirti Siwan, VIPS, Delhi
ABSTRACT
This research paper deals with the analysis of the development of the immunities and privileges of the trade unions in three phases. Prior to the Trade Unions Act of 1926, the workers experienced an utmost absence of statutory shield which resulted in prosecution and penalization. After the Buckingham Mill Case, the dynamic shifted with the enactment of the Trade Unions Act as it legalised the formation of the trade unions through registration and the members of the union acquired legal immunities from certain acts. With the increase in labour activism and domestic trends, the Labour Code, 2020 was formulated to align with the modernised needs and interests of the workers. Further, the provisions under the Code with reference to civil and criminal immunities and enforceability of agreements are immunities keeping in mind the legislative intent.
Introduction
The question of the status of Trade Unions and their practices emerged in the wake of the Industrial Revolution in the nineteenth and twentieth centuries, which split society into two classes: entrepreneurs and the working/wage-earning class. Frequent clashes between these two and the exploitation of workers gave birth to labour and welfare laws. British India faced various labour movements and conspiracies. Before the Trade Unions Act,1926 these strikes by workers were considered illegal conspiracies as it was believed that they would cause financial injury to the employers, and workers were to compensate the employers for the damages caused by such strikes. It was only after the enactment of the Trade Unions Act,1926 that some privileges were granted to trade union activities for the enforcement of their rights. This paper dives into the concept of civil and criminal immunities provided to trade unions and their status in pre-independent as well as post-independent India, including current developments under the Indian Relations Code, 2020.
