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

Detailed Legal Analysis

A legal strike by workmen in a public utility service requires notice under Section 22 of the Industrial Disputes Act, 1947, and the Himachal Pradesh Rent Control Act 2012 rules applicable to your state. Notice must be given to the employer and the Conciliation Officer in Manali at least six weeks before the strike date, and the strike cannot commence within 14 days of giving notice.

The Himachal Pradesh High Court has held that a strike without complying with the notice provisions is illegal, and workmen may lose protection against dismissal. If the conciliation proceedings are in progress, a strike cannot be resorted to for seven days after the conclusion of such proceedings.

For non-public utility services, no prior notice is mandated, but a sudden strike may still attract disciplinary action. The state may refer the dispute to a Board of Conciliation or Tribunal to prevent the strike.