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

Detailed Legal Analysis

To legally initiate a strike in Bhilai, your trade union must adhere to the provisions outlined in the Industrial Disputes Act, 1947, along with the relevant state regulations.

Here are the steps and requirements to follow:

• Check Eligibility: Ensure that your union has been duly registered under the Trade Unions Act, 1926, and that the proposed strike is related to industrial disputes.
• Notice of Strike: As per Section 22 of the Industrial Disputes Act, 1947, you must serve a written notice to the employer at least 14 days prior to the planned strike. The notice should include:
  • The nature of the dispute.
  • The reasons for the strike.
  • The proposed date of the strike.
• Negotiation and Conciliation: After serving the notice, the employer has the opportunity to negotiate. If no resolution is reached, the dispute may be referred for conciliation under Section 4 of the Act.
• Ballot for Strike: It is advisable to conduct a secret ballot among union members to ensure that a majority supports the strike. This can help in maintaining unity and legitimacy.
• Maintain Peace: During the notice period, maintain industrial peace and refrain from any unlawful activities, as engaging in such activities can lead to penalties under Section 10 of the Act.
• Proceed with Strike: If no resolution is achieved and the notice period has lapsed, you may proceed with the strike. Ensure that the strike is peaceful and does not disrupt public order.
• Compliance with Local Laws: Be aware of any local laws or regulations in Chhattisgarh that might impose additional requirements for conducting strikes.

It is important to note that if the strike is declared illegal (for instance, if proper notice was not given), the union and its members may face legal repercussions, including penalties under Section 27 of the Industrial Disputes Act, 1947.

In conclusion, following the right legal procedures ensures that your union's right to strike is exercised lawfully and effectively, safeguarding the interests of the workers involved.