The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthil Kumar Ramamoorthy offered the direction based on a submission by the management that the 3:1 pitch maintained is impeding production and may not be necessary and that it is unfair to single out Nissan alone to provide the said gap merely because its workmen desire it.
The bench, observing that there is no doubt that the quantum of production may have fallen slightly as a result of the gaps being introduced, said “This position cannot be changed at the unilateral insistence of the management and with-out reference to the Directorate of Industrial Safety or the concerns of the workmen.
”“At the highest, senior representatives of the Directorate of Industrial Safety may be requested to make further visits to the Renault-Nissan manufacturing facility and also visit the manufacturing facilities of other automobile manufacturing units in the vicinity so that a uniform set of guidelines need be imposed everywhere, ” the bench held.
“It must also be borne in mind that the conditions prevailing in a certain manufacturing facility may not be identical to those prevailing in another manufacturing facility and oranges and apples may not be dealt with merely by the numbers," the court held while posting the plea for further hearing to June 14.
Based on this, the bench directed the Directorate of Industrial Safety to depute such representatives who will visit the manufacturing facility of Renault-Nissan and the facilities of other comparable passenger vehicle manufacturing units to ensure that uniform guidelines are imposed.
“If a departure from the uniform is necessary, indicate the special reasons thereof. Till such time, the present norms being followed may not be tweaked by the management,” the bench added.