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

Detailed Legal Analysis

To go on strike legally in Pune, your trade union must adhere to the provisions outlined in the Industrial Disputes Act, 1947 and follow specific procedures to ensure that the strike is recognized as lawful.

Here are the necessary steps and requirements to follow:

• Definition of Strike: Understand that a strike is defined under Section 2(q) of the Industrial Disputes Act, 1947, as a cessation of work by a group of workers to enforce a demand.
• Pre-strike Notice: According to Section 22 of the Industrial Disputes Act, you must give a notice to the employer at least 14 days before the proposed strike. The notice should include:
  • The reasons for the strike.
  • The date and time when the strike will commence.
• Negotiation Attempts: Before going on strike, the union should make genuine attempts to negotiate with the employer to resolve the dispute amicably. This is in accordance with the principles of good faith in industrial relations.
• Vote by the Union Members: It’s advisable to conduct a vote among the union members to ensure that there is a majority consensus for the strike. This enhances the legitimacy of the strike.
• Strike Resolution and Conduct: Ensure that the strike is peaceful. Under Section 10 of the Industrial Disputes Act, the government may intervene and call for conciliation if there is a threat to public peace or if the strike is deemed illegal.
• Legal Validity: Ensure that the strike is lawful under the Act. Strikes that are called without following the required notice period or in contravention of the Act may be declared illegal and can lead to legal repercussions for the union.
• Documentation: Keep thorough documentation of all communications, notices, and decisions made regarding the strike. This may be useful for legal purposes and to defend the legitimacy of the strike if challenged.

By following these steps, your trade union can conduct a strike in compliance with Indian labor laws, particularly under the Industrial Disputes Act, 1947. This ensures that your actions are protected legally and that you maintain the integrity of the union's activities.