The immunity provided by Section 18 of the Trade Unions Act, 1926 is not absolute and does not extend to acts of intimidation, molestation, or violence.

Nainar Sundaram, J

There are two suits. The defendants are same in both the suits. The Management of an industrial concern is the plaintiff in each suit. Admittedly, there is a trade dispute prevailing as between the management and its workmen in each of the suits pursuant to certain character of demands made by the workmen through their unions, the defendants in the suits. The defendants resorted to "stay-in-strike". As a result, there is cessation of work in the concerns of the plaintiffs in the two suits. Apprehensive of the position, the plaintiffs have filed the suits, praying for a permanent injunction. In C.S. No. 340 of 1979, the main reliefs asked for run as follows :

"The plaintiff accordingly prays for judgment and decree restraining the defendant, its members, office bearers, servants, agents and other representatives by an injunction from;

(a) in any manner preventing any of the customers and plaintiff from removing the goods and other properties belonging to the said customers from the premises of the plaintiffs at No. 73/76, Mount Road, Madras-2.

(b) from in any manner preventing the customers of the plaintiff from entering into or leaving the premises of the plaintiff at No. 73/76, Mount Road, Madras.

(c) from holding out threats, intimidation, gherao or wrongful confinement of the plaintiff's customers and officers, managerial staff and other members of the public in the plaintiff's premises at No. 73/76, Mount Road, Madras.

(d) in any manner preventing officers, managerial staff and non-striking employees from entering into and leaving the premises of the plaintiff at Mount Road, Madras." *

In C.S. No. 362 of 1979, the main reliefs asked for run as follows;

"Restraining the defendants, its office bearers, its members employed in the plaintiff's factory, and in the other companies, its servants, their men, agents any and others by means of a permanent injunction -(a) from interfering in any manner peacefully or otherwise, in the removal of finished goods/semi-finished goods from plaintiff's factory;

(b) from preventing in any manner peacefully or otherwise, the conveyance of goods, supplies, orders and raw materials into the plaintiff's factory.

(c) from in any manner, directly or indirectly, peacefully or otherwise, preventing the Management, staff and Officers and any person-persons desirous of entering or leaving the plaintiff's factory from doing so." *

In the applications, which are one for temporary injections pending the suits, the reliefs of the nature similar to the reliefs asked for in the suits, but pending the suits, have been prayed for.

2. These applications have been contested by the defendants on the ground that S.18 of the Trade Unions Act, 1926 (hereinafter referred to as the Act) will afford an immunity to the defendants and the reliefs prayed for in the present proceedings cannot be granted in view of the said provisions.Section18 of the Act reads as follows :

"Immunity from civil suit in certain cases."-

(1) No suit or other legal proceedings shall be maintainable in any civil Court against any registered Trade Union or any officer-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 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 proceedings 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.

"3. Mr. S. Govind Swaminathan, learned counsel appearing for the managements, t