- (1.)HEARD the Counsel for both the parties at length.
(2.)LETTERS Patent Appeal is admitted. Hearing is expedited. Respondents waive service.
(3.)WE have perused the Order passed by the learned Single Judge. We have also considered the impugned Orders passed by the Industrial Court, Thane. We have also perused the relevant clauses of the Settlements and the classification Orders dated October 30, 1986 issued to the employees including the Machine Operators. It reads as under:
"with effect from November 1, 1986 in terms of the settlement dated October 23, 1986, you,have been classified as Machine Operator and your basic wage is revised to Rs. 415/- per month in Grade I. The classification in particular is subject to the provisions of the said settlement, which are reproduced below: 1. All the workmen posted in any grade shall perform the task which may be of a lower grade, as and when the need arises. 2. The workmen placed in a particular job position of a grade may be deployed for any other job position in the same grade in a different department. 3. Organisation and allocation of work is a management function and any dispute or grievance shall be processed under the grievance procedure. Needless to state, though you are designated as Machine Operator, your job as of present will continue to involve all the related preparatory and follow up work including the cleaning of machines, movement of materials, etc. Kindly sign the copy hereof as a token of your having understood and accepted what is stated above".
Prima facie we are satisfied that the view taken by the Industrial Court at the interim stage cannot be said to be wrong. Shri Cooper, the learned Counsel for the Appellants has made a clear cut statement that the Machine Operators will be required to clean their "cubic area", i. e. , the area surrounding the machine of the Machine Operator only and nothing else.