JUDGEMENT

R.M. Lodha, J.

Leave granted.

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

(1) Whether transfer of the 31 employees (appellants) from Crimping Department to Twisting Department by the respondent - employer tantamounts to change in respect of matter specified in item nos. 1 and 2 of Schedule II necessitating notice under Section 42(1) of the Bombay Industrial Relations Act, 1946?

(2) Whether Letters Patent Appeal under Clause 15 of the Letters Patent was maintainable from the judgment and order dated October 1, 2007 passed by the learned single Judge in Special Civil Application No. 21828/2006?

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