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

Detailed Legal Analysis

To legally initiate a strike in Secunderabad, your trade union must adhere to the procedures outlined in the Industrial Disputes Act, 1947.

Here are the essential steps your trade union should follow to ensure compliance with the law:

• Consideration of Strike Necessity: Before proceeding, ascertain if the strike is necessary due to unresolved grievances or disputes between employers and employees.
• Resolution by Union Members: Obtain a resolution from the union members in favor of the strike. This should typically be done through a meeting where the majority agrees on the course of action.
• Notice of Strike: Under Section 22 of the Industrial Disputes Act, 1947, a notice must be served to the employer at least 14 days prior to the commencement of the strike. This notice should clearly state:
  • The reasons for the strike.
  • The date on which the strike is proposed to begin.
• Negotiation Attempts: It is advisable to attempt resolution through negotiations or discussions with the employer before the strike date. This aligns with the principles of good faith negotiation under Section 12 of the Industrial Disputes Act.
• Compliance with the Prohibition Period: Ensure that the strike does not occur during the prohibition period as outlined in Section 22 of the Act, which prevents strikes in certain situations, such as during the pendency of conciliation proceedings or adjudication.
• Documentation: Maintain proper documentation of all communications, resolutions, and notices related to the strike. This is crucial for legal protection and clarity.
• Conduct of the Strike: During the strike, ensure that the action remains peaceful and does not involve violence, intimidation, or coercion, as these actions may lead to legal consequences.
• Follow-Up Actions: Post-strike, if the issues remain unresolved, the union may consider further legal options such as filing a complaint under the Industrial Disputes Act or seeking intervention from relevant labor authorities.

By following these steps, your trade union can ensure that the strike is conducted legally and effectively, safeguarding the rights of employees while adhering to the provisions of Indian labor law.