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

Detailed Legal Analysis

To legally initiate a strike in New Delhi, your trade union must adhere to the procedures stipulated under the Industrial Disputes Act, 1947, and the Trade Unions Act, 1926.

The following steps outline the legal procedure for conducting a strike:

• Notice of Strike: According to Section 22 of the Industrial Disputes Act, 1947, a trade union must give a written notice to the employer at least 14 days prior to the commencement of the strike. This notice should include the reasons for the strike.
• Negotiation Attempt: During the notice period, the employer and the trade union should attempt to resolve the dispute amicably. If negotiations are successful, the strike may be avoided.
• Strike Vote: It is advisable for the trade union to conduct a secret ballot among its members to ensure that there is majority support for the strike. This enhances legitimacy and unity within the union.
• Strike Declaration: If negotiations fail and the majority supports the strike, the union can formally declare the strike. This declaration should be communicated to all members and the employer.
• Conducting the Strike: Ensure that the strike is peaceful and does not involve violence or intimidation, as per Section 3 of the Trade Unions Act, 1926. Engaging in unlawful activities could lead to legal repercussions.
• Legal Protection: Strikes conducted in compliance with the above procedures are protected under the law. If the strike is deemed illegal, workers may face disciplinary actions, including termination of employment.

It is also essential to be aware of the specific provisions of the Delhi Shops and Establishments Act, 1954, which may impose additional requirements for certain types of establishments. Depending on your sector, specific rules may vary.

Lastly, ensure that the strike is not related to a matter that is already pending before a tribunal or any other authority, as per Section 10 of the Industrial Disputes Act, which prohibits strikes in such scenarios.