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

Detailed Legal Analysis

To initiate a strike in Davangere, your trade union must adhere to the legal procedures outlined in the Industrial Disputes Act, 1947.

Here are the essential steps and requirements that your trade union should follow:

• Notice Requirement: Under Section 22 of the Industrial Disputes Act, a trade union must serve a written notice to the employer at least 14 days before the strike. This notice should specify the reasons for the proposed strike.
• Consultation with Members: Ensure that the decision to strike is taken through a democratic process, typically involving a vote among union members to confirm widespread support for the action.
• Mediation and Conciliation: Before the strike, the trade union must explore all avenues for dispute resolution. Section 12 of the Industrial Disputes Act encourages conciliation. You may approach the Labour Commissioner or the Conciliation Officer to mediate the dispute.
• Documentation: Keep detailed records of all communications, resolutions passed, and efforts to resolve the dispute. This documentation may be useful in any legal proceedings that follow.
• Strike Ballot: Conduct a ballot to demonstrate that a majority of the union members support the strike. This can help in legitimizing the action if challenged legally.
• Timing of the Strike: The strike cannot take place during the notice period. It can commence only after the notice period of 14 days has lapsed.
• Conducting the Strike: Once all the legal requirements are met, and the notice period has expired, the union can go ahead with the strike. Ensure that the strike is peaceful to avoid any legal repercussions.
• Post-Strike Obligations: After the strike, the union must be prepared to engage in negotiations with the employer to resolve the issues that led to the strike.

If the strike is not conducted in accordance with the provisions of the Industrial Disputes Act, it may be deemed illegal, leading to penalties under Section 26 of the Act. Therefore, adherence to these legal requirements is essential to ensure the legitimacy of the strike and to protect the rights of the workers involved.