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

Detailed Legal Analysis

To undertake a strike in Chandigarh, your trade union must follow the legal procedures outlined in the Industrial Disputes Act, 1947, particularly under Section 22 and Section 23.

The process for legally conducting a strike is as follows:

• Notification of Strike: A notice of the intended strike must be served to the employer at least 14 days prior to the commencement of the strike. This is mandated under Section 22 of the Industrial Disputes Act, 1947.
• Content of the Notice: The notice should clearly state:
  • The reasons for the strike.
  • The date and time when the strike will commence.
• Consultation with Workers: Before serving the notice, it is advisable to have discussions within the union and with workers to ensure consensus on the decision to strike.
• Strike Ballot: Conducting a secret ballot among the members may help in substantiating the decision to strike, although not legally mandated.
• Union Resolution: Ensure that there is a formal resolution passed by the trade union’s executive committee or general body endorsing the strike action.
• Compliance with Section 23: According to Section 23, strikes during the pendency of any conciliation proceedings or during the arbitration of disputes are prohibited. Ensure that no such proceedings are active before proceeding with the strike.
• Public Notice: It is advisable to issue a public notice informing stakeholders about the strike to maintain transparency.
• Legal Representation: Consult with legal experts or labour lawyers to ensure that all procedures comply with the current laws and any specific state regulations applicable in Chandigarh.

It’s also prudent to be aware of the consequences of an illegal strike, which may include disciplinary action against participating employees or a legal injunction against the strike. Thus, adhering strictly to the outlined procedures is essential to protect the rights of the union members while pursuing their demands legally.