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

Detailed Legal Analysis

To initiate a strike legally in Coimbatore, your trade union must follow the procedures outlined in the Industrial Disputes Act, 1947 and adhere to the guidelines set by the Tamil Nadu Shops and Establishments Act, 1947, if applicable.

The key steps and requirements to follow are:

• Notice of Strike: A minimum of 14 days' notice must be given to the employer before the strike is initiated. This is mandated under Section 22 of the Industrial Disputes Act, 1947.
• Formulation of the Notice: The notice should be in writing and must include:
  • The reasons for the strike.
  • The date on which the strike is proposed to commence.
• Approval from the Union: Ensure that the strike is approved by a majority of the members of the trade union as per the rules set in the union's constitution.
• Engagement in Conciliation: Before proceeding with the strike, it is advisable to engage in conciliation processes. The Conciliation Officer may intervene, as per Section 12 of the Industrial Disputes Act, 1947, to resolve the dispute amicably.
• Strike Vote: Conduct a secret ballot among union members to confirm support for the strike, ensuring compliance with the union's internal rules.
• Communication to Authorities: After serving notice to the employer, inform the Deputy Commissioner of Labour or the relevant authority about the strike, including details of the notice served.
• Timing of the Strike: The strike should not commence before the expiry of the notice period (14 days). If the employer initiates negotiations or conciliation during this period, the strike may be deferred.
• Legal Status: Ensure that the strike is not conducted in violation of any laws, such as strikes during the pendency of proceedings under Section 10 of the Industrial Disputes Act, 1947, which prohibits strikes during the pendency of proceedings before a tribunal or court.

Following these steps will help ensure that the strike is legally compliant, minimizing the risk of punitive actions against the union or its members. It is also advisable to consult with a legal expert specializing in labor law for additional guidance.