workmen sought to be
retrenched"; and
(3) "there is functional integrality between the workmen at
Vizag unit and the units at Hyderabad ... unity of employment, control, administration and
ownership and so there is functional integrality, which
makes the Company as the single undertaking. If that
various tests from one
case to another. But among these tests functional
integrality, meaning thereby such functional interdependence
that one unit cannot exist conveniently ... hold that R. Mill is not an independently functioning
unit and that there is any functional integrality as such
between the R, Mill
decisive elements are the location of the
establishment and the functional integrality i.e., the
existence of one code relating to the categories of workmen ... located in different places and there was
also a lack of functional integrality, the Ambala branch was
a separate industrial establishment.
Associated Cement Companies
there is functional intregrality
between two units has to be decided according to the facts
of each case. Absence of functional integrality and the
fact ... cannot
872
exist without the wine shops and that there is functional
integrality between them. It may be conceded that the
observation of the Tribunal
employment, unity
704
of labour and conditions of service of workmen, functional
integrality, general unity of purpose and geographical
proximity, and (b) that the strike ... employment, (5) geographical
proximity and (6) general unity of purpose and functional
integrality,
709
with particular reference to the industrial process of
making cement
petitioner-firms over the others nor was there any functional integrity amongst them. These contentions of the petitioner-firms did not find favour with ... management and control may be the important test; in another case functional integrality or general unity may be the important test; and in still another
ownership, management, supervision, con-
trol and employment, (b) there was complete functional
integration, and (c) the two sections were functioning under
the same roof ... whether they arc distinct and independent of
each other or are functionally integral or inter-department
and that the Registrar was within his powers under
above circumstances viz.
the unity of management, geographical unity, functional
integrality, financial unity and the general unity in purpose
between the two units ... other hand the
Corporation referred to several factors to establish functional
integrality and general unity of purpose. High Court found
that Corporation's view
appellants inter alia submitted that vital factor for deciding functional integrality between the two establishments was to see that the establishments in question could survive ... employer, then it could not be said that there was any functional integrality between the two units. This was a case under Maharashtra Recognition
submitted that neither the respondents-authorities could find functional integrality on the basis of the materials placed on record or pursuant to the inspection ... evidence which "disclose the absence of inter-dependency, financial participation, functional integrality, exchange of man-power, common control and common ownership between the petitioner
