Our trade union in Allahabad wants to go on strike, what legal procedure must we follow?

Detailed Legal Analysis

To initiate a strike legally in Allahabad, your trade union must follow the procedures outlined in the Industrial Disputes Act, 1947, and adhere to certain statutory requirements to ensure the strike is lawful.

Here are the key steps and requirements for your trade union to go on strike:

• Notice of Strike: Under Section 22 of the Industrial Disputes Act, 1947, a trade union must give a written notice of the intention to strike to the employer at least 14 days prior to the proposed date of the strike.
• Contents of the Notice: The notice must specify:
  • The reasons for the strike.
  • The date on which the strike is proposed to commence.
• Strike Ballot: It is advisable to conduct a strike ballot among the union members to ensure majority support for the strike, although this is not mandatory under law.
• Negotiation Attempt: Before proceeding with the strike, it is recommended to attempt negotiations or conciliation with the employer to resolve the dispute amicably, as mandated by the Act.
• Avoiding Illegal Strikes: Ensure that the strike is not in violation of Section 23, which prohibits strikes during the pendency of a conciliation proceeding or in relation to an existing settlement or award.
• Essential Services: If the strike involves essential services (as defined under Section 2(n) of the Act), specific additional regulations apply, and prior governmental permission may be required.

In addition to the above, be aware of the following legal implications:

• Prohibition on Retaliation: Employers cannot retaliate against workers participating in a lawful strike; however, if the strike is deemed illegal, employees may face disciplinary action.
• Legal Recourse: If the strike is challenged by the employer, it may lead to adjudication by the appropriate Labour Court or Tribunal under the Industrial Disputes Act.

Following these steps ensures that your trade union's strike is conducted in compliance with Indian labour laws, safeguarding the rights of the workers involved.