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

Detailed Legal Analysis

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

Here are the essential steps and requirements to comply with:

• Notice of Strike: Under Section 22 of the Industrial Disputes Act, 1947, a notice must be served to the employer at least 14 days prior to the strike. The notice should specify:
• The reasons for the strike.
• The date on which the strike is proposed to commence.
• Trade Union Registration: Ensure the trade union is registered under the Trade Unions Act, 1926. Registration provides legal recognition and rights to the union.
• Voting Process: Conduct a secret ballot among the union members to gauge support for the strike. It is important to have a majority decision in favor of the strike.
• Collective Bargaining: Attempt to resolve the dispute through negotiations or conciliation before resorting to a strike. This can involve discussions with the employer or mediators from the Labour Department.
• Maintaining Order: Ensure that the strike does not lead to violence or disruption. Under Section 3 of the Industrial Disputes Act, 1947, the union must maintain discipline and avoid unlawful activities during the strike.
• Essential Services: Be aware of the provisions under the Industrial Disputes Act regarding essential services. If your union's work falls under this category, the strike can face legal challenges under Section 2(j), which defines essential services.

Additionally, if the strike is not resolved and the employer refuses to negotiate, the union may approach the Labour Court or Industrial Tribunal under Section 10 of the Industrial Disputes Act to seek intervention and resolution of the dispute.

Adhering to these legal requirements will help ensure that your strike is recognized as lawful and protect the union and its members from potential legal repercussions.