4 Legal status of registered T.U.
It is a body corporate with perpetual
succession and a common seal.
It can acquire, hold, sell or transfer any
movable or immovable property.
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Legal Aspects of Hospital Management – Dr. B.G. Maniar
It can sue or can be sued. ( Sec.5 )
No civil suit or criminal proceedings in
respect of any act done in furtherance of a
trade dispute. ( Ss. 18 & 19 )
No office bearer/member of a registered
T.U. shall be liable to punishment u/s 120 B
(2) of Indian Penal Code, 1860, in respect of
any act for furthering the object of T.U.
(Sec. 17)
Change of name – with the consent of at
least 2/3rd majority of the total number of its
members.
Dissolution – in accordance with rules – a
notice signed by any 7 members and the
secretary to the Registrar of the TU within
14 days of the dissolution – on being
satisfied the Registrar shall register the
notice and the union shall stand dissolved
from that date.
Amalgamation – with the consent of 50 % of
the members of both the TU. And 60 % vote
in favour thereof. A notice signed by at least
7 members and secretary of each
amalgamating union, should be sent to the
Registrar and the amalgamation shall be in
operation after the registration by Registrar.
3.2.5 Immunity from civil suit in certain
cases
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Legal Aspects of Hospital Management – Dr. B.G. Maniar
(1) No suit or other legal proceeding shall
be maintainable in any Civil Court against
any registered Trade Union or any office
bearer or member thereof in respect of any
act done in contemplation or in 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 wishes.
(2) A registered Trade Union shall not
be liable in any suit or other legal
proceeding in any Civil Court in respect to
any tortious act done in contemplation or in
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 Unions.
