- (1.) THIS appeal raises a short but important question namely whether a breach of assurance by an employer can be said to be unfair labour practice.
(2.) ON July 31, 1959, a settlement of an industrial dispute was arrived at between the appellant and its workmen, represented by the Assam Railways mazdoor Congress, with regard to the pay scale of the appellant's workmen and other connected matters. The appellant owned four different collieries. All the workmen of these collieries were covered by the settlement. It is not necessary for the purpose of this appeal to refer to the terms of this settlement. This settlement, however, could not be worked out as the appellant informed the union, representing the workmen that unless the Central Government agreed to raise the selling price of coal by Re. 1. 50 per ton, the management would not be in a position to implement the agreement. The appellant also wrote to the Central Government on September 28, 1959, by which the latter was requested to accept the claim to increase the selling price of coal by Re. 1. 50 per ton. On January 14, 1960, the union representing the workmen wrote to the appellant that as it was doubtful about the company's assurance regarding implementing the agreement, the workers would go on strike from january 15, 1960. The strike in fact started on the appointed date and continued until January 29, 1960. On january 30, 1960 most of the workmen returned to work and on the same day the appellant served charge-sheets on 86 workmen of four different collieries. Five charges were made against the workmen namely :- (i) Absence without sufficient cause for more than ten days; (ii) Causing damage to work in progress; (iii) Breach of Coal Mines regulations; (iv) Riotous or disorderly behavior ; (v) Abatement of any of the above five acts of misconduct.
(3.) BROADLY speaking the above-mentioned five charges were the charges brought against the workmen though, there were some modifications in individual cases.;