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

Detailed Legal Analysis

To legally initiate a strike in Kozhikode, your trade union must follow the procedures outlined in the Industrial Disputes Act, 1947, specifically under Sections 22 to 30.

Here are the essential steps and requirements for conducting a legal strike:

• Notice of Strike: According to Section 22 of the Industrial Disputes Act, a trade union must give a written notice to the employer at least 14 days before the strike. The notice should specify the reasons for the strike and the date on which the strike is proposed to commence.
• Negotiation Attempt: Before proceeding with the strike, the trade union should attempt to resolve the dispute through negotiation or conciliation, as mandated by Section 12 of the Industrial Disputes Act. This effort is crucial to demonstrate that the union is willing to resolve the issue amicably.
• Strike Authorization: Ensure that the decision to strike is authorized by a majority of the union members, as per the union's constitution. This can typically involve a vote within the union's general body.
• Strike during 'Cool Off' Period: If a notice of strike is served, the employer may approach the government for intervention, which may lead to a 'cool-off' period of 45 days during which the strike cannot be called. This is under Section 22(1).
• Legal Strikes: Ensure that the strike is not in contravention of any existing agreements or laws, including those under Section 23, which prohibits strikes during the pendency of conciliation proceedings.
• Public Notice: It can be beneficial to issue a public notice about the impending strike to inform both the employer and the public about the reasons and objectives of the strike.
• Maintain Order: During the strike, ensure that it remains peaceful and does not lead to any unlawful activities, as strikes that turn violent can attract legal consequences under various sections of the Indian Penal Code (IPC).

By following these steps, your trade union can initiate a strike legally while ensuring compliance with the provisions of the Industrial Disputes Act, 1947, thus protecting the rights of the workers involved.