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

Detailed Legal Analysis

To legally initiate a strike in Jaipur, your trade union must adhere to the procedures outlined in the Industrial Disputes Act, 1947, and relevant state regulations.

Here are the essential steps and requirements to follow:

• Notice of Strike: Under Section 22 of the Industrial Disputes Act, 1947, a trade union must give a minimum notice of 14 days to the employer before going on strike. This notice should specify the reasons for the strike.
• Internal Resolution: Ensure that the decision to strike is supported by a majority of the union members. This may involve conducting a vote or meeting to discuss the issues at hand and the proposed strike.
• Conciliation Process: Before proceeding with the strike, the union should explore conciliation. Under Section 12 of the Industrial Disputes Act, parties can request a government-appointed conciliator to mediate the dispute.
• Written Communication: After giving notice, the union should communicate in writing to the employer regarding the impending strike, detailing the issues and reasons, as well as the date when the strike will commence.
• Compliance with State Laws: Check for any specific rules or regulations in the Rajasthan Shops and Commercial Establishments Act, 1958, or other relevant state legislation, which may have additional requirements regarding strikes.
• Public Notification: Consider informing the public about the strike through media channels or notice boards to garner support and raise awareness about the issues being protested.
• Maintain Peace during Strike: Ensure that the strike is peaceful and does not lead to violence or public disorder. The law prohibits unlawful assembly or violence under the Indian Penal Code, 1860.

If these procedures are properly followed, your trade union will be in compliance with Indian law, thus minimizing the risk of legal repercussions. It is also advisable to consult with a legal expert or labor lawyer to ensure that all aspects of the strike are legally sound and to assist in any negotiations with the employer.