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

Detailed Legal Analysis

To legally initiate a strike in Silchar, your trade union must follow the procedures outlined in the Industrial Disputes Act, 1947, specifically under Section 22 and Section 23.

Here are the steps and requirements your trade union needs to comply with:

• Notice of Strike: The union must provide a written notice to the employer at least 14 days prior to the commencement of the strike. This notice should clearly state the reasons for the strike and the demands of the workers.
• Adherence to the Cooling-off Period: After the notice is served, a cooling-off period of 14 days must be observed. This gives both parties an opportunity to negotiate and resolve the dispute amicably before resorting to a strike.
• Strike Vote: It is advisable for the union to conduct a secret ballot to ensure that a majority of the members support the decision to strike. This strengthens the union's position and ensures that the strike is backed by the majority.
• Compliance with Section 22: According to Section 22 of the Industrial Disputes Act, strikes are prohibited during the pendency of proceedings before an industrial tribunal or during the period of conciliation if such proceedings are ongoing. Ensure that no such proceedings are in place before initiating a strike.
• Identification of Essential Services: If your union operates in an industry classified under essential services, specific provisions under the Essential Services Maintenance Act, 1968 (ESMA) may apply. Strikes in these sectors require additional compliance and may be subject to restrictions.
• Public Notice: It is also recommended to inform the public and other stakeholders about the strike through appropriate channels, thus maintaining transparency regarding the union's actions and demands.
• Legal Representation: Consider seeking legal advice or representation to ensure that all procedural requirements are met and to handle any potential legal challenges from the employer.

Failure to adhere to these legal provisions can result in the strike being declared illegal, leading to possible repercussions for the union and its members under the Industrial Disputes Act.