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

Detailed Legal Analysis

To legally strike in Saharanpur, your trade union must follow the procedures outlined in the Industrial Disputes Act, 1947, and ensure compliance with the provisions set forth under Indian law.

The key steps and requirements for a legal strike are as follows:

• Notice of Strike: Under Section 22 of the Industrial Disputes Act, 1947, the trade union must provide a written notice to the employer at least 14 days before the strike is intended to begin. This notice should specify the reasons for the strike.
• Internal Discussions: It is advisable for the trade union to conduct internal discussions and reach a consensus among members regarding the strike to ensure collective support and avoid any legal challenges.
• Mediation and Conciliation: Before proceeding with the strike, the trade union should consider engaging in mediation or conciliation as per Section 12 of the Industrial Disputes Act, 1947. This involves informing the appropriate government authority about the dispute and seeking their intervention.
• Strike Ballot: To ensure legitimacy, conduct a strike ballot among the members to confirm majority support for the strike action. This step can help in demonstrating that the decision to strike is supported by a significant portion of the workforce.
• Compliance with Court Orders: If there are any existing court orders or injunctions regarding the dispute, the union must comply with them to avoid contempt of court issues.
• Duration of Strike: Ensure that the strike does not exceed the legal limits. A strike can only be conducted for a reasonable period, and prolonged strikes may attract legal scrutiny.
• Post-Strike Procedures: After the strike, the trade union should be prepared for negotiations with the employer to resolve the issues that led to the strike. This may involve entering into a settlement or agreement as laid out in Section 18 of the Industrial Disputes Act, 1947.

It is crucial for the trade union to adhere to these procedures to prevent any legal repercussions and to ensure that the strike is conducted in a lawful manner. Non-compliance may lead to penalties or legal action against the union members under Section 26 of the Industrial Disputes Act, 1947.