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

Detailed Legal Analysis

To legally initiate a strike in Chennai, your trade union must follow the procedures outlined in the Industrial Disputes Act, 1947, and adhere to the necessary requirements for a lawful strike.

The following steps must be taken to ensure compliance with the law:

• Notice of Strike: A strike cannot be called without providing a notice. Under Section 22 of the Industrial Disputes Act, a minimum notice period of 14 days must be given to the employer before the strike is initiated.
• Union Resolution: Ensure that the decision to strike is made through a formal resolution in a general meeting of the union members, as per the provisions of the union's constitution.
• Grounds for Strike: The grounds for the strike must be justified and relate to an industrial dispute, as defined under Section 2(k) of the Industrial Disputes Act. Common grounds include unfair labor practices, wage disputes, or working conditions.
• Balloting: While not mandatory, conducting a ballot among union members to gauge support for the strike can strengthen the legitimacy of your actions and demonstrate solidarity.
• Adherence to Provisions: Ensure compliance with Section 23 of the Industrial Disputes Act, which mandates that a strike is not permissible during the pendency of conciliation proceedings or when an award is in force.
• Intimation to Government: Inform the local labor authorities or the state government about the proposed strike, as per the requirements of the Industrial Disputes Act.
• Public Communication: Communicate the reasons for the strike to the public and stakeholders, ensuring transparency about the issues at hand.

Additionally, if the strike is a "protected strike," it is essential to ensure that it does not violate any provisions that could lead to punitive actions against the union or its members. A strike may be deemed "illegal" under Section 24 if it is not in accordance with the stipulated procedures or is conducted during a prohibition period.

By following these steps and adhering to the relevant provisions of the Industrial Disputes Act, your trade union can conduct a lawful strike in Chennai.