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

Detailed Legal Analysis

To legally initiate a strike in Guwahati, your trade union must comply with the provisions set out in the Industrial Disputes Act, 1947, specifically under Section 22, 23, and 24, along with the requirements under the Trade Unions Act, 1926.

Here are the steps and requirements you should follow:

• Eligibility for Strike: Ensure that the strike is being called in relation to an industrial dispute as defined under Section 2(k) of the Industrial Disputes Act, 1947. This could include disputes regarding wages, working conditions, or other employment-related issues.
• Notice of Strike: According to Section 22 of the Industrial Disputes Act, a trade union must provide a written notice to the employer at least 14 days before the commencement of the strike. This notice should include:
  • The nature of the dispute.
  • The reasons for the strike.
  • The date on which the strike is proposed to commence.
• Conciliation Proceedings: Section 12 of the Industrial Disputes Act mandates that if a dispute is referred for conciliation, the strike cannot commence until the conciliation proceedings have been concluded. Ensure that you follow this protocol if applicable.
• Strike Authorization: The strike must be authorized by a majority of the members of the trade union, as per the provisions of the Trade Unions Act, 1926. It's advisable to conduct a vote among the members to obtain their consent.
• Documentation: Maintain proper records of all meetings, voting, and communications related to the strike. This documentation may be necessary if any legal issues arise later.
• Public Notification: While not legally mandated, it is good practice to inform the public and stakeholders about the reasons for the strike. This can help garner support and understanding for your cause.
• Compliance with Laws: Ensure that the strike does not violate any other laws, including provisions of the Code of Discipline, which encourages peaceful resolution of disputes.

Following these steps will help ensure that your union's strike is legally compliant, reducing the risk of legal repercussions for both the union and its members.