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

Detailed Legal Analysis

To initiate a strike in Gangtok, your trade union must follow the legal procedures outlined in the Industrial Disputes Act, 1947, and adhere to specific requirements to ensure the strike is lawful.

Here are the key steps and requirements you should follow:

• Notice of Strike: According to Section 22 of the Industrial Disputes Act, 1947, a trade union must give a written notice of the strike to the employer at least 14 days before the strike is intended to commence.
• Content of the Notice: The notice should specify:
  • The reasons for the proposed strike.
  • The date and time when the strike will commence.
• Holding a Meeting: Prior to the notice, the union should hold a general body meeting to discuss the issues at hand and pass a resolution supporting the strike.
• Conciliation Process: Under Section 12 of the Industrial Disputes Act, the state government may appoint a conciliator to resolve the dispute before the strike. The union should be prepared to participate in conciliation proceedings.
• Strike Ballot: It is advisable to conduct a secret ballot among union members to ensure majority support for the strike, which strengthens the legitimacy of the action.
• Legal Grounds: Ensure that the reasons for the strike are valid and based on grievances related to wages, working conditions, or other employment issues, as specified under Section 2(k) of the Act.
• Prohibition of Illegal Strikes: Be aware that strikes during the pendency of any conciliation or adjudication proceedings, or strikes without due notice, may be considered illegal under Section 24 of the Industrial Disputes Act.
• Communication to Members: Inform all members of the union about the strike details, including the reasons, date, and any instructions regarding participation.

Finally, it is crucial to maintain communication with the employer throughout this process to potentially resolve the disputes amicably. If the issues remain unresolved, the union can proceed with the strike after fulfilling the above legal requirements.