inter alia, held that Petitioner and the Respondent No. 2 were functionally integrated and together employed more than 100 employees and, therefore, the provisions ... signed and, therefore, according to the complainant employees there is functional integrality between the respondent No. 1 and 2. It is their case that respondent
inter transferable and further that there was no functional integrity between two factories. The Commissioner however by order dated 14.9.1981 held that both, the respondent ... appreciation of evidence on record that two factories had a functional integrity and unity of purpose and that both of them were therefore covered under
separately and hence it cannot be said that there is any functional integrity whatsoever to treat all these units as one establishment. The learned Counsel ... findings recorded by the Assistant Provident Fund Commissioner would clearly establish functional integrity among these units and hence for the purposes of applicability
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
complainant herein that the petitioners and Respondent No. 2 have functional integrity to my mind the issue of Relationship between the Petitioner and Respondent ... 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
without jurisdiction. The next submission that was made was regarding the functional integrality of the appellants. It was submitted that there was neither any functional ... India Tourism Development Corporation Limited had neither any unity of ownership, functional integrality or any managerial control or any other control over the hotels
much significance. In this regard, he submitted that there is a functional integrality between several units of BPL and closure of one unit does ... transfer from one unit to another unit and there is a functional integrality between the units, the transfer does not amount to closure of industry
working for the limited company. Thus, there is absolute functional integrality, common management and general unity as far as the firm and the limited company ... finding in the entire judgement and order with regard to any functional integrality. In this behalf, he has invited my attention to the finding
Standing Counsel for the
respondent Organisation however, would stress on
the functional integrality found by the original
WPC.No.27790/2010
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authority under ... Court has to consider
with care how far there is "functional
integrality" meaning thereby such
functional interdependence that one
unit cannot exist conveniently
finance and unity of labour, unity of employment and unity of functional "integrality" were the tests which Were required to be applied ... such cases, the Court has to consider how far there is functional integrity between the two units, whether one unit cannot exists conveniently and reasonably
