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

Detailed Legal Analysis

To legally initiate a strike in Bikaner, your trade union must adhere to the procedures outlined in the Industrial Disputes Act, 1947, specifically under Section 22 and Section 23.

Here are the steps and requirements to follow for conducting a lawful strike:

• Identify the Dispute: Ensure that the strike is rooted in a legitimate industrial dispute, which may include issues related to wages, working conditions, or other employment terms.
• Notice of Strike:
  • According to Section 22 of the Industrial Disputes Act, 1947, a trade union must give a written notice to the employer at least 14 days prior to the intended strike.
  • The notice must clearly state the reasons for the strike.
• Consultation and Negotiation:
  • During the notice period, engage in negotiations with the employer to resolve the dispute amicably.
  • It's advisable to explore all avenues for resolution before proceeding with the strike.
• Compliance with the Law:
  • Ensure that the strike does not violate any provisions of the Industrial Disputes Act, 1947, especially Section 23, which prohibits strikes during the pendency of proceedings before a tribunal or court.
  • A strike may also be deemed illegal if it does not follow the prescribed notice period or if it is conducted during a time when the dispute is under adjudication.
• Conducting the Strike:
  • Once the notice period has elapsed, the trade union may proceed with the strike.
  • Ensure that the strike is peaceful and does not involve violence or coercion.
• Legal Protections:
  • Under Section 25 of the Industrial Disputes Act, workers participating in a lawful strike are protected from dismissal or disciplinary action by the employer.
  • It is crucial to maintain records of the notice and communication with the employer to safeguard against any retaliatory actions.

Following these steps will help ensure that your trade union's strike is legally compliant and effectively addresses the industrial dispute at hand.