Injunction against strike
Harish K. Chandak
(Querist) 29 July 2012
This query is : Resolved
Dear sir, my case is that we are labour union, and fighting against factory for our last 6 years dues, our factory declared SICK, in BIFR, the DRS is pending till....and now our factory owner filed civil suit for grant of injunction against our labour union...praying that Union should be rastrained from strike,shouting slogen, dharna, gherao...in front of gate of factory...& till 1500meters..from the area of factory...!!!!
My query is that ...
1.whether management have right to move civil court against union.
2.whether civil court empowered to grant injunction.
3.When company/factory is declared SICK, management have right to move in court.
4.Is there any limit for restriction to put Dharna....
kindly guide us..if possible with case law
prabhakar singh
(Expert) 29 July 2012
Section 18 in The Trade Unions Act, 1926 which reads as "Immunity from civil suit in certain cases.-
(1) No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any 1[ office- bearer; or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.
(2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil Court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the Trade Union."
CAN BE A PLEA OF DEFENSE TO THE SUIT.BUT FACTS AS PUT BY YOU REASONABLE INJUNCTION MAY BE GRANTED AS THEY HAVE NOT SOUGHT INJUNCTION TO COMPLETELY BAN THE STRIKE.
