ASHOK K JHA Vs. GARDEN SILK MILLS

JUDGEMENT

(1.) Leave granted.

(2.) Two questions that arise for consideration in this appeal by special leave are :

(3.) We may briefly notice the relevant facts first. Garden Silk Mills Ltd. respondent (hereinafter referred to as, "employer") have their mills at Vareli, Taluka Palsane, District Surat. The mills have many departments including Crimping Department and Twisting Department which are located in the same campus. The appellants (hereinafter referred to as, "employees", prior to May 3, 1996, were working as Crimping Operators in the Crimping Department. Initially on May 3, 1996, these employees were informed that they have been transferred to Twisting Department and they must henceforth do their duties in that department. The employees did not join their duties in the Twisting Department and, accordingly, the employer issued written order on May 4, 1996 to these employees individually intimating them that their services have been transferred from Crimping Department to Twisting Department. In the transfer order, it was clarified that there is no change in their service conditions; they will continue to receive same pay scale and all other benefits which they have been getting while working in the Crimping Department.