The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made the observation while recording the submission from the workers that the management is in breach of the agreement forged on June 01.Setting aside the submission of the management that the ratio of 3:1 empty pitch was intended to be followed in respect of line two and not in respect of line one, the bench said “Since the clause is categorical in the ratio of 3:1 empty pitch being adhered to on trial basis without confining it to one of the two lines, it cannot be immediately accepted that the ratio was required to be maintained only in respect of one of the two lines.”

It also noted that the management has now agreed to adhere to the ratio of 3:1 empty pitch even in respect of line 1 and the matter will be open to further discussion when the representatives meet on June 7, 2021.

Further, the bench on pointing out that the Directorate of Industrial Safety indicates several deaths among workmen which does not find place in the additional affidavit filed by the management, said “It appears that out of about 8000-odd workmen at the manufacturing facility, more than 1200 workmen were afflicted by the virus, though most of them have recovered. There are about 50 or so active cases with less than 10 persons in hospitals and others in home quarantine or recovering at home.”

Based on this, the bench sought the management to take care of the issues flagged by the Directorate of Industrial Safety for the production to continue. It also stressed that the exemption granted during the lockdown requires the Covid protocol to be maintained.