that the aforesaid circumstances would sufficiently establish that there is 'functional integrality' in the working process of the branches and head office ... factory could not have conveniently existed and functioned without the Churchgate division and complete 'functional integrality' could be seen between the Trombay factory
appreciated the evidence produced before it and concluded that
there was functional integrality: the management was maintaining one
common account; both the establishments ... ownership, management and
control; unity of employment and conditions of service; functional
integrality; general unity of purpose. Then, it accepted the impossibility
of laying down
occupation by the landlord. According
to the counsel, the functional integrity of the petition schedule
building and the building occupied by the landlord ... petition schedule
building is a separate building and it has no functional integrity with
the building occupied by the landlord. The counsel submitted that
each hotel is
independent of the others and there is no functional
integrality between any two units. They would submit that,
the terms and conditions ... hotel units. Each hotel unit can function
without the other and there is no functional integrality between
these hotel units. Separate Accounts are maintained
principles of geographical proximity, or of unity of management, or of functional integrality, the Plantation Division cannot be regarded as integrally linked with the Pulp ... ownership, management and control, unity of employment and conditions of service, functional integrality, general unity of purpose, etc. It was then observed:
It is, perhaps
respondent passed Ext.P6 order holding
that there is functional integrality between the two establishments
and therefore these two establishments are liable ... arriving at the conclusion that there
is functional integrality between the two firms is palpably
inadequate for such a finding. He points out that apart
ownership, management and control, unity of employment and conditions of service, functional integrality, general unity of purpose etc.....It is, perhaps, impossible to lay down ... 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
control may be the important test, in another case, functional
integrality or general unity may be the important test and still in
another case ... complexity of modern
industrial organisation; many enterprises may have functional
integrality between the factories which are separately owned;
some may be integrated in part with
learned counsel argued that the conclusions of the
Industrial Tribunal regarding functional integrity are
contrary to the law laid down ... functioning under the
same management and were in fact parts of a single
industrial establishment. He hence argued that the aspect
of functional integrity
learned counsel argued that the conclusions of the
Industrial Tribunal regarding functional integrity are
contrary to the law laid down ... functioning under the
same management and were in fact parts of a single
industrial establishment. He hence argued that the aspect
of functional integrity
