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

Detailed Legal Analysis

To go on strike legally in Haldwani, your trade union must follow the procedures outlined in the Industrial Disputes Act, 1947 and adhere to certain requirements to ensure that the strike is lawful.

Here are the essential steps and requirements to follow before initiating a strike:

• Notice of Strike: Under Section 22 of the Industrial Disputes Act, a trade union must provide a written notice to the employer at least 14 days before the proposed strike date. This notice should specify the reasons for the strike.
• Strike Ballot: It is advisable to conduct a strike ballot to ascertain the support of the union members for the strike. This helps in demonstrating that the decision to strike is democratic.
• Negotiation and Conciliation: Prior to going on strike, efforts should be made to resolve the dispute through negotiations or conciliation. Section 12 of the Industrial Disputes Act encourages amicable settlement of disputes.
• Conditions for Legal Strike: Ensure that the strike does not fall under the category of illegal strikes as per Section 24 of the Industrial Disputes Act. Strikes during the pendency of conciliation proceedings, those not approved by a majority, or those that do not conform to the notice requirement are deemed illegal.
• Publicizing the Strike: Inform the public and affected stakeholders about the reasons for the strike through appropriate channels. This can help garner public support and understanding.
• Safety and Order: Ensure that the strike does not lead to violence or public disorder. The union must maintain peace and avoid any actions that could jeopardize public safety.
• Documentation: Keep all records of communications, notices, resolutions, and ballots for future reference. This documentation is crucial in case of any legal challenges post-strike.

Additionally, it is important to be aware of the provisions under the Trade Union Act, 1926, which governs the registration and functioning of trade unions in India. This act mandates that a trade union must be registered to be legally recognized, which adds legitimacy to the strike action.

In summary, adherence to the legal framework provided by the Industrial Disputes Act, 1947, and the Trade Union Act, 1926, is essential for conducting a lawful strike in Haldwani.