- (1.) The short question involved in this writ petition is as to whether the grant of service benefit to some of the workmen on account of not going on strike and on their undertaking not go on strike in future and if they would, the benefit would be withdrawn, amount to unfair labour practice.
(2.) The petitioners Harish Chander and others are members of the non-teaching staff of the Kurukshetra University. Petitioner No. 20 is the Association of the employees of the University known as Kurukshetra University Non-teaching Employees Association. On serving a demand notice on the University on July 21, 1986 (Annexure P-1) and after holding certain negotiations, the employees of the University went on strike. The period of strike is from September 5, 1986 to November 29, 1986. Annexure P-2 is the letter from the University which is to the effect that the Vice Chancellor had considered the demands and approved. This letter was addressed to Professor of Commerce of the University, Mr. Hooda, who further informed the employees vide letter, Annexure P-3, about the acceptance of some of the demands. Both these letters are dated November 26, 1986. Vide Annexure P-4, the Vice Chancellor of the University allowed benefit of two increments to Class IV employees and one increment to other employees up to the level of the Superintendents who performed their duties sincerely and did not participate in the strike. Similar benefits were given to those employees who were at the maximum of the grade. These benefits were subject to the following condition which is reproduced from P-4 dated September 30, 1986 :- "These benefits are strictly subject to the condition that they will not take part in any strike failing which the benefits given to them will be withdrawn and necessary recovery, if any, made." Vide Annexure P-5 dated October 18, 1986 which is in continuation of the letter, Annexure P-4, similar benefit was given to non-teaching employees. Relevant portion is as under :- "The non-teaching employees working in your Department/College/Office who have performed their duties sincerely and have not been participating in strike be asked to give an undertaking in the enclosed proforma and submit the same to this office through you within a week of the issue of this notification for further necessary action by this office." Annexure P-5/1 is the proforma of undertaking which the employees were required to furnish at the time receiving the benefit. It is to the following effect :- "I hereby state that I have performed my duties sincerely and have not been participating in the strike resorted to by the non-teaching employees of the University since 3rd September, 1986. I further undertake that I shall not take part in strike in future also failing which the benefits of increments given to me may be withdrawn and necessary recovery be made." Annexures P-6 and P-7 are the minutes of the proceedings of the meeting of the Executive Council of the University held on October 25, 1986 and December 15, 1986. At this stage, suffice it to mention that from these proceedings it is clear that 381 employees did not go on strike, about 100 returned during the period of strike and the benefit as aforesaid was given by the University. The allegations of the petitioners in order to challenge Annexures P-4, P-5 and P-5/1 are briefly as under :-
(3.) The employees have a right, which is well recognised, to go on strike on a matter involving their service conditions which is known as collective bargaining. This right cannot be jeopardised by the management either by threatening the employees not to go on strike or alluring them with service benefits with the directions that those benefits would be withdrawn if they would go on strike. On the other hand, the stand taken by the respondent University is that service benefits of increments to the employees who did not participate in the strike is by way of incentive since they worked sincerely and they also did the work of those employees who had gone on strike. The undertaking to be given by such employees is not at all violative of any provisions of the Act or the service conditions.;