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

Detailed Legal Analysis

To legally initiate a strike in Thiruvananthapuram, your trade union must adhere to the provisions set forth in the Industrial Disputes Act, 1947.

Here are the essential steps and requirements to follow for a legal strike:

• Notice of Strike: The trade union must provide a written notice of strike at least 14 days prior to the strike, as stipulated under Section 22 of the Industrial Disputes Act, 1947. This notice should include:
  • The date on which the strike is proposed to commence.
  • The reasons for the strike.
  • The details of the dispute leading to the strike.
• Meeting and Voting: The decision to strike must be supported by a majority vote of the members of the union, as per Section 23 of the Industrial Disputes Act. Ensure proper documentation of the meeting where the vote is conducted.
• Mediation and Conciliation: Before proceeding with the strike, it is advisable to explore all avenues of negotiation and conciliation. Under Section 12 of the Act, the government may intervene to mediate the dispute. It is prudent to attend the conciliation meetings if they are convened.
• Prohibition of Strike in Certain Cases: Be aware that strikes are prohibited under Section 22(1) of the Industrial Disputes Act in specific situations, such as:
  • During the pendency of proceedings before a Labour Court or Tribunal.
  • In cases where a collective agreement exists that prohibits such action.
• Intimation to Authorities: After serving the notice, it is essential to inform the local labour authorities about the impending strike to ensure that all legal protocols are followed.
• Strike Conduct: During the strike, ensure that it is peaceful and does not involve any form of violence or intimidation, as this could lead to legal repercussions under the Indian Penal Code (IPC), 1860.

By following these steps, your trade union can undertake a legal strike in accordance with Indian law. It is also recommended to consult with a legal professional specializing in labour law to avoid any potential pitfalls during the process.