1. In Application, bearing B.I.R. Case No.22 of 1998, filed by the ten employees of the petitioner-Company in the Labour Court on 2-12-1998, the provisions of Section 42 read with Items 1, 2, 4 and 5 under Schedule II of the Bombay Industrial Relations Act, 1946 were invoked alleging their transfer from Polyester Department to Spurn Yarn Department amounted to “illegal change”, as defined under sub-section (15) of Section 3 of the Bombay Industrial Relations Act. The Labour Court, by its judgment and order dated 5-12-2006, allowed the said application and passed an order, the operative portion of which, is reproduced below :

“1. The application filed by the applicants is allowed.

2. The non-applicant is directed to give original work to the applicants in the Polyester utility department and give all consequential benefits from the date of illegal change made by the non-applicant i.e. 2.10.98.

3. No order as to cost.”

The Industrial Court dismissed Appeal (BIR) No. 1 of 2007 by its judgment and order dated 9-4-2008. Hence, the employer is before this Court in this petition.

2. On 17-1-2008, this petition was admitted, granting interim relief in terms of prayer clause (iii) of t