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With reference to the Trade Union Act, of 1926, consider the following statements:
1. It recognized trade unions as legal associations.
2. It secured civil and criminal immunity for trade unions from prosecution for legitimate activities.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
With reference to the Trade Union Act, of 1926, consider the following...
Trade Union Act, 1926

The Trade Union Act, 1926 is an important legislation that governs the functioning and recognition of trade unions in India. It was enacted to provide legal recognition and protection to trade unions and to regulate their activities. The Act consists of various provisions that define the rights and obligations of trade unions, as well as the legal framework within which they operate.

Statement 1: It recognized trade unions as legal associations.
The first statement is correct. The Trade Union Act, 1926 recognizes trade unions as legal associations. Prior to this Act, trade unions were not recognized as legal entities and were often considered as combinations in restraint of trade. The Act provides a legal framework for the formation and registration of trade unions, thereby granting them legal status.

Under the Act, any seven or more members of a trade union can apply for its registration. Once registered, a trade union becomes a body corporate and gains legal recognition. This recognition enables trade unions to carry out various activities, such as collective bargaining with employers, representing workers in industrial disputes, and participating in negotiations related to wages, working conditions, and other employment-related matters.

Statement 2: It secured civil and criminal immunity for trade unions from prosecution for legitimate activities.
The second statement is also correct. The Trade Union Act, 1926 provides civil and criminal immunity to trade unions for their legitimate activities. This means that trade unions cannot be prosecuted or held liable for any civil or criminal action for actions undertaken in furtherance of their legitimate objectives.

However, it is important to note that this immunity is limited to activities that are considered lawful and within the scope of trade union activities. Trade unions are not immune from prosecution if they engage in illegal activities, such as promoting violence, coercion, or other unlawful acts.

The Act also provides certain safeguards for trade union officials and members. It prohibits any legal action against trade union officials or members for participating in trade union activities, as long as these activities are carried out in good faith and in the interest of the trade union and its members.

In conclusion, both statements 1 and 2 are correct. The Trade Union Act, 1926 recognizes trade unions as legal associations and provides them with civil and criminal immunity for their legitimate activities, subject to certain conditions and limitations.
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With reference to the Trade Union Act, of 1926, consider the following...
  • In March, 1921, Shri N. M. Joshi, then General Secretary of the All India Trade Union Congress, successfully moved a resolution in the Central Legislative Assembly recommending that Government should introduce legislation for the registration and protection of trade unions. Opposition from employers to the adoption of such a measure was, however, so great that it was not untill 1926 that the Indian Trade Unions Act was passed.
  • The Trade Union Act, 1926 o recognized trade unions as legal associations; Hence, statement 1 is correct. o laid down conditions for registration and regulation of trade union activities; o secured immunity, both civil and criminal, for trade unions from prosecution for legitimate activities, but put some restrictions on their political activities. Hence, statement 2 is correct.
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With reference to the Trade Union Act, of 1926, consider the following statements:1. It recognized trade unions as legal associations.2. It secured civil and criminal immunity for trade unions from prosecution for legitimate activities.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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