Multiple choice

Assertion (A): No protection is available to the members of a trade union under sections 17 and 18 of the trade unions Act in respect of Gherao. Reason (R): In Rookes Vs. Barnard the court held that trade unions were liable for the tort of intimidation.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A)

  2. Both (A) and (R) are true but (R) is not the correct explanation of (A)

  3. (A) is true but (R) is false

  4. (A) is false but (R) is true
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A Correct answer
Explanation

Sections 17 and 18 of the Trade Unions Act provide immunity to trade unions for certain acts done in contemplation or furtherance of a trade dispute. However, gheraos (confinement) have been held to be outside this protection as they constitute the tort of intimidation/false imprisonment. The Rookes v. Barnard case established the principle that intimidation is not protected, supporting the assertion.

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