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

Detailed Legal Analysis

In order to legally strike, your trade union in Navi Mumbai must follow the procedures outlined in the Industrial Disputes Act, 1947 and the Trade Unions Act, 1926.

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

• Notice of Strike: Under Section 22 of the Industrial Disputes Act, a union must give a written notice to the employer at least 14 days prior to the intended strike. The notice should include:
  • The reasons for the strike.
  • The date and time of commencement.
• Approval from Union Members: Ensure that the decision to strike is backed by a majority of the union members. This could involve a vote to authorize the strike, which is essential for maintaining unity and legitimacy.
• Negotiation Attempts: Before proceeding with the strike, the union should attempt to resolve the disputes through negotiation with the employer. Documentation of these attempts can be crucial should any legal issues arise.
• Strike Ballot: While not mandatory, conducting a secret ballot among union members to gauge support for the strike can provide a clear mandate and help avoid internal conflicts.
• Legal Standing: Ensure that the reasons for the strike fall under the definition of an industrial dispute as defined in Section 2(k) of the Industrial Disputes Act, which implies a disagreement between employers and employees over employment, terms of employment, or conditions of work.
• Conduct the Strike: Once all procedures are followed, the strike can be initiated on the specified date. Make sure to maintain lawful conduct during the strike to avoid penalties.
• Post-Strike Procedure: After the strike, the union should be prepared to negotiate with the employer to resolve the issues raised during the strike and to ensure that no retaliatory actions are taken against the striking workers.

Additionally, it is important to note that strikes may be deemed illegal under certain circumstances, such as during the pendency of conciliation proceedings or if they are conducted without adhering to the legal requirements. These provisions are covered under Section 23 of the Industrial Disputes Act.

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