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

Detailed Legal Analysis

To initiate a strike legally, your trade union in Vasco da Gama must adhere to the procedures outlined in the Industrial Disputes Act, 1947, and the relevant rules applicable in the state of Goa.

Here are the steps and requirements your trade union must follow:

• Notice of Strike: A notice of strike must be served to the employer at least 14 days before the intended date of the strike, as per Section 22 of the Industrial Disputes Act, 1947.
• Reasons for Strike: The notice should clearly specify the reasons for the strike. It is essential that the reasons are valid and pertain to an industrial dispute.
• Consultation within the Union: Ensure that the decision to strike is made democratically within the union, and documented records of the resolution should be maintained.
• Election of a Strike Committee: Form a strike committee that will be responsible for managing the strike and communicating with the members and the employer.
• Appeal for Negotiation: Attempt to resolve the dispute through negotiation with the employer before proceeding to strike. This is a crucial step that aligns with the spirit of the Industrial Disputes Act.
• Intimation to Labour Authorities: In some cases, it may be prudent to inform local labour authorities about the impending strike to ensure that all parties are aware and can assist in mediation if necessary.
• Strike Duration: If the strike continues beyond a specified period (usually 6 months), the union may need to reevaluate the situation, as prolonged strikes can lead to legal challenges.

It is important to note that certain categories of workers are restricted from striking, including those in essential services, as defined under Section 2 of the Industrial Disputes Act. In such cases, alternative methods of dispute resolution should be sought.

Additionally, if the strike leads to violence or illegal activities, the union and its members may face legal repercussions under various provisions of the Indian Penal Code, 1860, and the Code of Criminal Procedure, 1973.

Following these procedures will help ensure that your trade union's strike is conducted legally and effectively, minimizing the risk of legal complications.