The head office of the firm is at Dehra Dun and it runs branches at Delhi, New Delhi, Mussoorie and Amritsar.
Out of these, 57 have been transferred by the firm to the companypany as a result of the agreement between the two companycerns.
The first is a firm companysisting of the members of a joint Hindu family and the second is a companypany formed by the said members.
S. Madhoram Sons, and R.S. Madhoram Sons Agencies Ltd. are the two companycerns involved in this dispute.
Appeal by special leave from the award dated January 20, 1962, of the Industrial Tribunal No.
The 57 employees whose transfer from the firm to the companypany has given rise to the present dispute were originally employed by the firm.
307 of 1961.
The firm acts as selling representatives of Obeetee Private Ltd., Mirzapur Commonwealth Trust Ltd., Calicut, and United Coffee Supply Co. Ltd., Coimbatore.
The case of the respondents was that the impugned transfer is invalid, whereas the appellant companytended that the said transfer was fully valid and justified under s. 25FF of the Act.
It also acts as Government companytractors as well as stockists of the Elgin Mills Co. Ltd., Kanpur.
Certain other pleas were raised by the parties before the Tribunal and they have been companysidered by it, but it is number necessary for the purpose of the present appeal to refer to them, since the only point which has been urged betoken us by Mr. Setalvad on behalf of the appellant is in relation to the finding of the Tribunal that s. 25FF does number apply to the present case.
13 of 1963.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This dispute was referred for adjudication by the Delhi Administration to the Industrial Tribunal, New Delhi.
for the appellant.
C. Setalvad and A.N. Goyal.
14 of 1947 hereinafter called the Act This question arises in this way.
The Judgment of the Court was delivered by GAJENDRAGADKAR J. The short question of law which arises in this appeal by special leave relates to the companystruction of s. 25 FF of the Industrial Disputes Act, 1947 No.
Between the appellant, the Management of R.S. Madhoram Sons Agencies P Ltd., and the respondents, its workmen an Industrial dispute arose in regard to the transfer of 57 employees from the management of R.S. Madho ram Sons, which was their original employer, to the appellant.
P. Maheshwari and O.P. Singh for the respondent.
The firm has been in existence since April 1, 1946 whereas the companypany came into existence on August 29, 1961.
On the muster roll of the firm, 92 employees were entered.
The companypany was formed as a separate and different companycern, and in accordance with its memorandum and articles of association and in pursuance of the agreement between it and the firm, it has taken over the retail business of the firm together with the staff employed by the firm in the said retail business as from September 15, 1961.
November 14, 1963.
