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

Detailed Legal Analysis

To initiate a strike legally in Jamnagar, your trade union must follow the procedures outlined in the Industrial Disputes Act, 1947.

Here is a comprehensive guide on the steps and requirements to be followed:

• Definition of Strike: According to Section 2(q) of the Industrial Disputes Act, 1947, a strike is defined as a cessation of work by a body of persons employed in any industry, acting in combination.
• Notice of Strike: Under Section 22 of the Industrial Disputes Act, you must give a notice of strike to the employer at least 14 days prior to the strike. This notice should include:
• The reasons for the strike.
• The date on which the strike is proposed to commence.
• The number of workers involved.
• Constitution of Negotiation Committee: It is advisable to form a negotiation committee to represent the union’s interests. This committee should consist of representatives from the union and can negotiate with the employer to resolve the issues amicably.
• Failure of Conciliation: If conciliation efforts fail, a strike can be called. Be sure to obtain a formal acknowledgment of the failure from the Conciliation Officer.
• Prohibition of Strike: Note that strikes are prohibited during the pendency of any conciliation proceedings or arbitration under Section 23 of the Act. Ensure that you comply with this regulation to avoid legal repercussions.
• Ballot Voting: It is prudent to conduct a secret ballot among union members to ensure that a majority supports the strike. This can help in demonstrating the collective agreement of the union members.
• Communicating the Strike: Once all procedures are followed and the strike is scheduled, communicate the strike to the employer formally. Ensure that you have documented evidence of compliance with all legal requirements.
• Legal Protection: Under Section 25 of the Industrial Disputes Act, workers participating in a lawful strike are protected against dismissal or punitive actions from the employer.

By meticulously following these steps, your trade union can ensure that the strike is conducted legally and effectively, minimizing the risk of legal complications.