independent existence. The labour Court had found that there was functional integrality between the first and the second respondents before the labour Court, as found ... that the R. Mill is not an independently functioning unit and that there is any functional integrality as such between the R. Mill
that in the absence of a finding recorded with regard to
functional integrity of the different establishments, clubbing of
the different establishment for the purpose ... that in the absence of proper enquiry with
5
regard to functional integrity of the establishment clubbing
together was not permissible.
5. Shri
seen as to whether amongst three units there is a functional integrality or not. As already mentioned above Regional authority has not undertaken any exercise ... this score and has proceeded on the assumption that there is functional integrality in between three units. As far as Clinic Dr. Neeraj Gupta Orthopaedic
independent establishments for all purposes. He submits that there is no
functional integrity between them and with the petitioner‟s establishment.
These institutions are governed ... appellant company. The Supreme
Court held that there being no functional integrity, and the fact that projects
at different sites are wound up upon their
units are
interdependent on each other and consequently
there is a functional integrity between both the
units, as the management is common and the
Board ... therefore of the view that there
appears to be a functional integrity between both
the units.
4. On hearing learned counsels
treated as one when there is financial, managerial or
functional integrality between the two separate juristic entities but such a
finding is not recordable ... this case, the order does not indicate any financial and functional
integrity between the establishments. So, it is not proper to club the
appellant with
onwnership, management and control, unity of employment and
condition of services, functional integrity, general utility of purpose
etc...... It perhaps impossible to lay down ... part of industry is closed down and it has a functional
integrity with the other part of the industry, then it will amount to
rationalization
management no.1 & management no.2 had business and
functional integrality but admitted that Ex.WW 1/5 bears the name of the
management ... management no.1 & management no.2 both have business and functional
integrality. Apart from cash memo, there is not even a single evidence
parties and referred to hereinabove that there had been a functional integrality
between all the three firms that is to say M/s Tru Torn ... observed, the testimony of MW1 is totally unreliable.
The test of functional integrality has been laid down in S.G. CHEMICAL AND
DYES TRADING EMPLOYEES
above facts clearly show that there had been a functional
integrality between Management No. 1 and 2. This term has been defined ... constitute these two into one establishment. There was complete functional
integrality between them.
15. In order to prove the relationship, the workman relied upon Form
