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

Detailed Legal Analysis

To legally initiate a strike in Mysore, your trade union must adhere to the procedures outlined in the Industrial Disputes Act, 1947. Following these legal requirements is essential to ensure that the strike is recognized as lawful.

Here are the key steps and requirements your trade union should follow:

• Notice of Strike: Under Section 22 of the Industrial Disputes Act, a notice of strike must be served to the employer at least 14 days before the intended strike date. This notice should clearly specify the reasons for the strike.
• Conduct a Ballot: It is advisable to conduct a ballot among union members to ensure that a majority supports the decision to strike. This step is not legally mandated but strengthens the union's position.
• Meeting with Management: Before proceeding with the strike, the union should attempt to resolve the dispute through negotiations with the management. Documentation of these meetings may be beneficial.
• Union Resolution: A formal resolution should be passed by the trade union's executive committee or general body, endorsing the decision to go on strike. This should be recorded in the union's minutes.
• Strike Committee: Form a strike committee responsible for managing the strike activities, ensuring communication with members, and overseeing the lawful conduct of the strike.
• Adhere to Legal Provisions: Ensure compliance with Section 23 of the Industrial Disputes Act, which prohibits strikes during the pendency of conciliation proceedings or in cases where a settlement has already been reached.
• Informing Authorities: It is prudent to inform local labour authorities about the impending strike to avoid any misunderstandings or legal repercussions.

Additionally, if the strike is likely to be prolonged, it may be beneficial to consider alternative dispute resolution mechanisms such as mediation or arbitration under the provisions of the Industrial Disputes Act.

Failure to comply with these legal requirements might result in the strike being declared illegal, leading to potential consequences such as loss of pay or disciplinary actions against the striking workers. Therefore, it is crucial to follow the outlined steps diligently.