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

Detailed Legal Analysis

To legally initiate a strike in Patna, your trade union must follow the procedures outlined under the Industrial Disputes Act, 1947, and the relevant state regulations.

Here are the essential steps and requirements to ensure that your strike is lawful:

• Notice of Strike: Under Section 22 of the Industrial Disputes Act, a notice must be served to the employer at least 14 days before the strike commences. This notice should state the reasons for the strike.
• Approval from Union Members: Ensure that the strike has the backing of the majority of union members, as required by the trade union's internal rules and the Trade Unions Act, 1926.
• Resolution for Strike: A formal resolution must be passed in a union meeting, detailing the reasons and justifications for the strike. This resolution should be recorded in the minutes of the meeting.
• Seeking Conciliation: Prior to the strike, it is advisable to engage in conciliation. Under Section 12 of the Industrial Disputes Act, the union can approach the Labour Commissioner or the appropriate authority to mediate the dispute.
• Documentation: Document all communications regarding the dispute, including written grievances submitted to the employer and their responses. This may serve as evidence if legal proceedings arise.
• Compliance with Essential Services Maintenance Act (ESMA): Check if your industry falls under the ESMA, which prohibits strikes in essential services without prior government permission.
• Strike Duration: The strike should not exceed 60 days unless the dispute is resolved or an extension is authorized by the appropriate authority.
• Legal Representation: Consider appointing legal counsel to ensure compliance with all legal requirements and to represent the union during any proceedings.

It is crucial to adhere to these procedures to avoid legal repercussions, including penalties for illegal strikes, as outlined in Section 24 of the Industrial Disputes Act. Engaging in a lawful strike can protect the rights of workers while ensuring that the union’s actions are within the scope of Indian labor law.