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

Detailed Legal Analysis

To legally initiate a strike in Rourkela, your trade union must adhere to the procedures laid down in the Industrial Disputes Act, 1947, particularly sections 22 to 30 which outline the necessary steps for lawful strikes.

Here are the key steps and requirements your trade union should follow:

• Notice of Strike: A written notice must be served to the employer at least 14 days prior to the commencement of the strike. This notice must include details such as the reasons for the strike and the date it is intended to begin. (Refer to Section 22 of the Industrial Disputes Act, 1947)
• Internal Discussion: Ensure that the strike decision is made through a democratic process within the union, having been approved by a majority of the members. This could be through a general body meeting or a secret ballot, as per the union's constitution.
• Conciliation Process: Before proceeding with the strike, the union must engage in conciliation efforts. The government may appoint a conciliation officer to mediate the dispute. If the conciliation fails, the union can proceed with the strike. (See Section 12 of the Industrial Disputes Act, 1947)
• Public Notification: It is advisable to publicly announce the intention to strike, detailing the reasons and the date of the strike. This helps in garnering public support and ensures transparency.
• Strike Committee: Form a strike committee to manage the operations, communications, and negotiations during the strike. This committee should represent all workers involved and facilitate their concerns.
• Post-Strike Procedure: If the strike leads to negotiations, ensure that any agreements reached are documented and communicated to all members. Understand that after the conclusion of the strike, normal operations should resume as per the agreement reached.

It is crucial to be aware that strikes can be deemed illegal under certain conditions, such as if they are conducted in violation of the notice period or if they occur during the pendency of proceedings before a tribunal. This is stipulated under Sections 23 and 24 of the Industrial Disputes Act, 1947.

Following these steps will help ensure that your trade union's strike is conducted legally and effectively, thereby protecting the rights of all members involved.