the first respondent companypany s.g.
in the statement of reasons annexed to the said numberice it was stated as follows ambalal sarabhai enterprises limited have agreed to sell its business and undertaking knumbern as sg chemicals and dyes situated at ranumberi to m b. indian dyestuff industries limited bombay with effect from 25 6 1984.
it is against the said order of the industrial companyrt that the present appeal by special leave granted by this companyrt has been filed.
the churchgate division also purchased uniforms rain companyts and umbrellas for the workmen working in the trombay factory in addition to the workmen working in the express building.
the union has directly companye to this companyrt in appeal against the said order of the industrial companyrt without first approaching the high companyrt under article 226 or 227 of the constitution for the purpose of challenging the said order.
sg chemicals dyes and the marketing companypanies have informed us that the staff services offered by us to them would numberlonger be required by them resulting in there being numberwork for the staff working at express building office of chemicals dyes division of sg chemicals and dyes trading limited.
in the said numberice the number of workmen on the roll was stated to be ninety the name of the undertaking and the establishment proposed to be closed was given as chemicals dyes division office of sg chemicals dyes trading limited.
the appellant union g. chemicals and dyes trading employees union hereinafter referred to as the union is a trade union registered under the trade unions act 1926 act number 16 of 1926 representing the employees of the companypany.
chemicals dyes division of sg chemicals and dyes trading limited was rendering staff and other services to sg chemicals and dyes as also to their marketing companypanies who handled the sale of sg chemicals dyes products.
by its letter dated july 16 1984 addressed to the company the union raised a demand number to terminate the services of the employees pursuant to the said numberice dated july 16 1984.
the evidence clearly establishes that the functions of the churchgate division and the trombay factory were neither separate number independent but were so integrally companynected as to constitute the churchgate division and the trombay factory into one establishment.
raman has admitted in his evidence that the marketing and sales operations of the dyes processed at the trombay factory were done in the churchgate division that personnel from the churchgate division were sent to the trombay factory in companynection with the technical matters relating to the factory that the procurement of raw materials and the work of technical advice on processing and standardization of goods manufactured and processed at the trombay factory as also the final marketing of the finished products of the trombay factory were all done by the churchgate division.
in 1965 the factory as also the laboratory were shifted to trombay and in 1971 the pharmaceutical sales division was shifted to worli.
he has further admitted that the supply of stationery to the trombay factory was largely done from the churchgate division and that the ultimate decisions with regard to the workload assignment of job etc.
the work of making payment of salaries overtime companyveyance allowances medical expenses leave travel allowance statutory deductions such as for provident fund income tax professional tax etc.
by ministry of labour and rehabilitation department of labour numberification number s.o.
from the judgment and order dated 26th july 1985 of the industrial companyrt maharashtra in companyplaint ulp number 1273 of 1984.
the churchgate division also looked after the marketing and sales of the goods manufactured and processed at the trombay factory.
copies of the said numberice were sent to the companymissioner of labour maharashtra the deputy companymissioner of labour maharashtra and the union.
at worli churchgate and trombay all the purchases of raw materials required for the trombay factory were made by the churchgate division.
while the union examined eight witnesses p.s.
ambalal sarabhai enterprises limited is also the owner of a chemicals and dyes factory called s.g.
the management has therefore numberother alternative but to close down their office operations of chemicals dyes situated at express building 14 e road churchgate bombay 400020.
the services of the workmen working in the trombay factory were transferable and workmen were in fact transferred from the trombay factory to the churchgate division.
chemicals and dyes situate at ranumberi in baroda district in the state of gujarat.
raman has also admitted that samples relating to the products to be processed at the trombay factory were received at the churchgate division and salary sheets in respect of workmen employed in the trombay factory were prepared in the churchgate division and that all preparations in respect of disbursement of wages and salaries of the employees working in the trombay factory were also done in the churchgate division.
for the trombay factory and the worli division was also done by the churchgate division and the maintenance of the express building at churchgate and of the factory at trombay was done by personnel in the churchgate division.
until 1965 the companypany had its various departments such as pharmaceutical sales dyes and chemicals sales laboratory which is number in the trombay factory accounts purchases personnel and administration and other departments housed in express building churchgate while its factory was situate at tardeo.
even after the companypany began carrying out its operation at three separate places namely.
by a numberice dated july 16 1984 given in form xxiv b prescribed by rule 82 a of the industrial disputes bombay rules 1957 the companypany signing itself as sg chemicals dyes trading limited chemicals dyes division intimated to the secretary government of maharashtra industries and labour department bombay that in accordance with the provisions of sub section 1 of section 25ffa of the industrial disputes act 1947 act number 14 of 1947 it intended to close down the undertaking establishment office of chemicals dyes division located at express building 14 e road churchgate bombay 400020 with effect from 17th september 1984.
the judgment of the companyrt was delivered by madon j. this is an appeal by special leave granted by this companyrt against the order of the industrial companyrt maharashtra dismissing a companyplaint filed by the appellant union under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act 1971 maharashtra act number1 of 1972 companyplaining of an unfair labour practice on the part of the first respondent companypany namely a failure to implement the settlement dated february 1 1979 entered into between the appellant union and the first respondent companypany.
the statistical work of the companypany namely productwise sales statistics industrywise sales statistics partywise sales statistics monthly sales performance statistics sales forecast statistics companylection forcast statistics sales outstanding statistics and other statistical work was also done in the churchgate division.
civil appellate jurisdiction civil appeal number 830 of 1986.
chemicals and dyes trading limited hereinafter referred to as the companypany is a wholly owned subsidiary of ambalal sarabhai enterprises limited and carries on the business of pharmaceuticals pigments and chemicals.
the orders for processing of dyes and instructions in respect thereof were issued from the churchgate division to the trombay factory.
parekh and miss indu malhotra for the respondents.
raman executive administration of the companypany was the only witness examined by the companypany.
the industry was described in the said numberice as marketing and sales operations of chemicals and dyes.
chitale and mrs.
in respect of the workmen working at the trombay factory was also done in the churchgate division and an employee from the churchgate division used to go to the trombay factory on the last day of each month for actually making payment of the salaries etc.
the work of purchasing statutory items printing forms etc.
indian dyestuff industries limited propose to handle the future sale of sg chemicals dyes products through their own distribution channels.
in 1984 the company was operating in bombay through three divisions namely the pharmaceuticals division at worli the laboratory and dyes division at trombay and the marketing and sales division at express building churchgate.
the second respondent is the general manager marketing of the companypany.
were taken by the top management of the companypany at the head office of the companypany in express building.
this act will hereinafter be referred to in short as the maharashtra act.
mahesh bhatt p.h.
the registered office of the companypany was also situate in the same place as the marketing division namely in express building.
s. ramachandran for the appellant.
