Section 25T of Industrial Disputes Act 1947 - Prohibition of Unfair Labour Practices

Section 25T formed part of Chapter V-C of the Industrial Disputes Act, 1947. It prohibited an employer, a workman and a trade union - whether registered under the Trade Unions Act, 1926 or not - from committing any unfair labour practice.

Historical legal scope: This article explains Section 25T under the legal position applicable before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. The Bharatiya Sakshya Adhiniyam concerns evidence law and did not itself amend Section 25T. Applicable State legislation and amendments should also be checked for the relevant dispute and date.

Text and scope of Section 25T

Section 25T provided that no employer or workman or a trade union, whether registered under the Trade Unions Act, 1926 or not, shall commit any unfair labour practice.

Meaning of unfair labour practice

Section 2(ra) of the Industrial Disputes Act defined "unfair labour practice" as any of the practices specified in the Fifth Schedule. Section 25T therefore has to be read with that definition and the Fifth Schedule to identify whether particular conduct falls within the statutory prohibition.

Who is prohibited from committing an unfair labour practice?

Employer

The prohibition expressly applies to an employer. The Fifth Schedule separately identifies practices attributable to employers and trade unions of employers.

Workman

A workman is also expressly prohibited from committing an unfair labour practice. The statutory meaning of "workman" must be considered under the applicable definition in Section 2(s).

Trade union

The prohibition applies to a trade union whether or not it is registered under the Trade Unions Act, 1926. Registration is therefore not a condition for the Section 25T prohibition to operate.

Fifth Schedule

The Fifth Schedule supplies the statutory list of practices treated as unfair labour practices and distinguishes employer-side practices from workman and trade-union practices.

Employer and employer-union practices in the Fifth Schedule

The Fifth Schedule included specified conduct by employers and trade unions of employers. Its subjects included interference with workmen's rights to organise or join trade unions, domination or support of particular unions, discriminatory conduct intended to discourage union membership, victimisation or bad-faith dismissal, abolition of regular work followed by contractor engagement in specified circumstances, transfer motivated by mala fide considerations, failure to implement awards or settlements, acts of force or violence, refusal to bargain collectively in good faith with a recognised trade union, and proposing or continuing an illegal lock-out.

Workman and trade-union practices in the Fifth Schedule

The Fifth Schedule also included specified practices by workmen and trade unions of workmen. These covered matters such as supporting or instigating an illegal strike, coercive conduct relating to union membership, refusing to bargain collectively in good faith by a recognised union, coercive activities against non-striking workmen, demonstrations at employers' residences, wilful damage to employer property and acts of force or violence.

Section 25U - Penalty for unfair labour practices

Section 25U provided the penal consequence for committing an unfair labour practice. Section 25T contains the prohibition, while Section 25U provides the punishment prescribed by the Act.

Difference between Section 25T and Section 25U

Section 25T states who must not commit an unfair labour practice. Section 25U deals with punishment for committing such a practice. Whether particular conduct attracts these provisions depends on the statutory definition in Section 2(ra), the relevant entry in the Fifth Schedule and the facts established in the proceeding.

Trade Unions Act reference

Section 25T expressly referred to the Trade Unions Act, 1926 only to make clear that the prohibition extends to a trade union whether registered under that Act or not. The provision therefore does not confine its operation to registered trade unions.

Practical checklist for Section 25T

Identify whether the alleged actor is an employer, workman or trade union.
For a workman, examine the applicable Section 2(s) definition.
Apply the Section 2(ra) definition of "unfair labour practice."
Identify the precise Fifth Schedule entry said to cover the conduct.
Distinguish employer-side entries from workman or trade-union entries.
Examine the facts required by the particular Fifth Schedule entry, including any requirement of motive, bad faith, discrimination, coercion or illegality.
Where punishment is in issue, read Section 25T together with Section 25U.
Check applicable State labour legislation and amendments for the relevant place and date.

Related provisions

Section 25S concluded Chapter V-B. Section 25T opened Chapter V-C on unfair labour practices, followed by Section 25U. Chapter VI then contained further penalty provisions, including Section 26 and Section 27.

Official legal resources

Central legislation can be checked through the India Code portal. Labour legislation, rules and notifications may also be checked through the Ministry of Labour and Employment. State-specific provisions should be verified from the competent State Government or State Gazette source.