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

Detailed Legal Analysis

To go on strike in Darbhanga, your trade union must follow the legal procedures outlined in the Industrial Disputes Act, 1947, and the Trade Unions Act, 1926.

Here are the steps and requirements to ensure that the strike is legally valid:

• Notification of Strike: Under Section 22 of the Industrial Disputes Act, 1947, the union must provide a written notice to the employer at least 14 days before the intended strike. The notice should state the reasons for the strike.
• Strike Resolution: Ensure that the decision to strike is made in a general meeting of union members, and proper records are maintained. It is crucial that a majority supports the strike for it to be valid.
• Compliance with Procedures: Before declaring a strike, the union should comply with any procedural requirements set by the employer or collective bargaining agreements, if applicable.
• Consideration of Essential Services: If your industry is classified as an essential service (under the Essential Services Maintenance Act, 1968), additional legal restrictions apply. You may need to seek permission from the government to strike.
• Avoiding Illegal Strikes: Ensure that the strike does not violate any existing agreements or settle disputes through arbitration or mediation as per Sections 10A and 10B of the Industrial Disputes Act.
• Documentation: Keep thorough documentation of all communications regarding the strike, including the notice served to the employer, meeting minutes, and any responses received.
• Negotiation Attempts: It is advisable to make attempts to negotiate with the employer before proceeding with the strike to demonstrate that the strike is a last resort.

Failure to adhere to these procedures can lead to the strike being declared illegal, and union members may face repercussions under the law. Additionally, the union should be mindful of the provisions of the Trade Unions Act, 1926, which govern union activities and the rights of union members.

Ultimately, a careful and legally compliant approach is essential to ensure the strike is protected under the law and to safeguard the rights of union members.