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

Detailed Legal Analysis

To legally initiate a strike in Alwar, your trade union must adhere to the guidelines set forth in the Industrial Disputes Act, 1947, and follow the appropriate procedural requirements.

Here are the necessary steps and considerations for conducting a legal strike:

• Definition of Strike: According to Section 2(q) of the Industrial Disputes Act, a strike is defined as a cessation of work by a body of persons employed in an industry, acting in combination.
• Notice Requirement: Under Section 22 of the Industrial Disputes Act, it is mandatory to give a notice of strike at least 14 days prior to the intended date of the strike. This notice must be served to the employer and should include:
  • The reasons for the strike.
  • The date when the strike is proposed to commence.
• Negotiation Efforts: Before resorting to a strike, it is advisable to explore all avenues for negotiation and settlement of disputes with the employer, as outlined in Section 12 of the Industrial Disputes Act. This includes:
  • Engaging in conciliation processes.
  • Utilizing the services of a Labour Commissioner, if necessary.
• Strike Ballot: It is recommended to conduct a ballot within the union to ensure that the decision to strike is supported by a majority of the members, as this adds legitimacy to the action.
• Legal Protection: Ensure that the strike is not in violation of Section 23 of the Industrial Disputes Act, which prohibits strikes during the pendency of conciliation proceedings or during the term of a settlement or award.
• Documentation: Maintain proper documentation of all communications, notices, and decisions taken regarding the strike to protect the union members from potential legal repercussions.
• Post-Strike Procedure: After the strike, be prepared to engage in discussions with the employer to resolve the issues that led to the strike, and ensure compliance with any agreements reached.

By following these steps, your trade union can ensure that the strike is conducted legally and effectively, thereby safeguarding the interests of its members while complying with the Indian legal framework.