JILAJIT RAMNANDAN CHAUDHRI Vs. DAWN MILLS LTD

JUDGEMENT

(1.) HEARD the learned counsel for the parties. Perused the record.

(2.) THE petitioners have challenged the judgment and order passed by the Industrial Court dismissing the complaint filed by the petitioners under the provisions of M.R.T.U. and P.U.L.P. Act, 1971 (hereinafter referred to as "the said Act").

(3.) THE grievances of the petitioners relate to the transfer of employees of the respondents from B.C. Winding Department to Roto Winding Machine Department in the establishment of the respondents. It is the contention of the petitioners that considering the provisions of S.42 of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as the BIR Act) read with Items 1 and 2 of Schedule II thereof, the employer was not entitled to transfer the employees without following the due process of law and more particularly without issuing the necessary notice in relation to change in the service conditions. It is the case of the petitioners that, on account of transfer from BC Winding Department to Roto Winding Machine Department, there is change in the service conditions of the petitioners, inasmuch as that there is monetary loss to the employees, apart from the fact that the employees have to work on machines which are manually operated instead of the machines which are automatically operated in BC Winding Department. The action on the part of the employer is sought to be justified by the learned counsel for the respondents, firstly on the ground that the same was in terms of the agreement dated 11.1.1991 and secondly that irrespective of such agreement, there being no change in service conditions and it is mere assignment of work in one of the department of the same establishment of the employer, it does not call for any procedure to be followed in terms of S.42 of the B.I.R. Act.