Judgment

SARKARIA :- This appeal by special leave is directed against the judgment, D/- 4-8-1971 of the Madhya Pradesh High Court, whereby the appellant s Writ Petition under Articles 226 and 227 of the Constitution was dismissed.

2. The appellant is the Jhagrakhan Collieries (P) Ltd., a Company incorporated under the Indian Companies Act. The Company owns three collieries in Jhagrakhan in Surguja District of Madhya Pradesh. These collieries employ over 4,200 workmen. At the relevant time there were three Trade Unions functioning at the collieries, namely, (1) Madhya Pradesh Koyla Mazdoor Panchayat (for short, the Panchayat ); (2) Azad Koyla Shramik Sabha (for short, the Sabha ); (3) Madhya Pradesh Colliery Workers Federation (for short the Federation ).

3. At the material time, the Panchayat according to the allegations of the Company, had about 75 per cent of the workers on its rolls. The Union conducted a complete strike for 57 days in the months of March and April 1968 at the collieries. The Central Wage Board for Coal Mining Industry by its award recommended payment Variable Dearness Allowance (for short, V. D. A.), correlated to the cost of living index prevailing from time