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

Detailed Legal Analysis

To go on strike legally in Guntur, your trade union must follow the procedures outlined in the Industrial Disputes Act, 1947, particularly Sections 22 to 30, which regulate the right to strike and related requirements.

Here are the key steps and requirements to follow:

• Notice of Strike: The union must provide a written notice of strike to the employer at least 14 days prior to the intended date of the strike. This is mandated under Section 22 of the Industrial Disputes Act, 1947.
• Content of Notice: The notice should clearly state:
  • The reasons for the strike.
  • The date and time when the strike is intended to commence.
  • The name and designation of the person giving the notice.
• Negotiation Attempts: Before proceeding with the strike, the union should attempt to resolve the dispute through negotiation or conciliation, as encouraged under Section 12 of the Industrial Disputes Act.
• Collective Decision: Ensure that the decision to strike is collectively agreed upon by a majority of the union members. This shows that the strike is a collective action, which is crucial for its legitimacy.
• Documentation: Maintain records of meetings, discussions, and resolutions leading up to the decision to strike. This documentation can serve as evidence if any legal disputes arise regarding the legitimacy of the strike.
• Striking Conditions: Understand that the strike must be lawful and non-violent. Engaging in unlawful activities, such as violence or intimidation, can lead to penalties under Section 3 of the Industrial Disputes Act and may attract further legal action.
• Post-Strike Procedures: After the strike, if it is concluded, the union should be prepared to engage in negotiations to resolve the issues raised during the strike, as per Section 10 of the Act, which allows for the reference of disputes to a tribunal.

By adhering to these steps, your trade union can ensure that the strike is legally conducted and protected under the provisions of the Indian law, particularly the Industrial Disputes Act, 1947.