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

Detailed Legal Analysis

To legally initiate a strike in Ranchi, your trade union must adhere to the provisions outlined in the Industrial Disputes Act, 1947, particularly under Section 22, 23, and 24.

Here are the essential steps and requirements your trade union must follow:

• Notice Requirements:
  • The union must provide a written notice of the intended strike to the employer at least 14 days in advance, as mandated by Section 22(1) of the Industrial Disputes Act, 1947.
  • The notice should clearly state the reasons for the strike and the date on which the strike is proposed to commence.
• Negotiation and Mediation:
  • During the notice period, the employer may initiate discussions to resolve the dispute. The union should be prepared to engage in negotiations.
  • If the dispute is not resolved, the employer may refer the matter to the appropriate government authority for conciliation under Section 12 of the Industrial Disputes Act.
• Strike Authorization:
  • The strike must be approved by a majority of the union members, typically requiring a secret ballot or a formal resolution during a union meeting.
  • Documentation of this authorization must be maintained for future reference.
• Prohibition of Strike during Certain Periods:
  • According to Section 24 of the Industrial Disputes Act, a strike is illegal if it occurs during the pendency of proceedings before a Labour Court or Tribunal.
  • Strikes are also prohibited if they are in contravention of a settlement or award that is in force.
• Implementation of the Strike:
  • Once all the steps have been followed, and if the strike is still deemed necessary, the union can proceed with the strike on the notified date.
  • Ensure that the strike is peaceful and does not involve violence, as this could lead to legal ramifications under various sections of the Indian Penal Code, 1860.

By following these legal procedures, your trade union can ensure that the strike is compliant with Indian law and minimizes the risk of legal challenges or repercussions.