distinct and separate units from each other and the test of functional integrality, namely, whether the second unit would survive in the absence ... management and control could be the decisive tests; while in another functions integrality or general unity; yet in another it may be the unity
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 ... complexities of modern industrial
organization; many enterprises may have functional
integrality between factories which are separately owned;
some may be integrated in part with units
cannot be treated as a separate entity, as there is
functional integrality between the 1st Respondent-Company and M/s.India
Pistons Limited ... Employees' Provident Fund Organization and held that there was functional
integrality between the 1st Respondent Unit and M/s.India Pistons Limited
there is unity of management, common manager in control, financial nexus, functional integrality and unity of purpose between the two units. Therefore, under Section ... manufacturing of yarn cannot be assumed that there is a functional integrality. The company enters into a separate settlement with the workmen and there
within the Factory premises, it should be taken that there is functional integrality and therefore the Unit has to be treated as part ... factual situation, it may be easily said that there is functional integrality between the petitioner and the said Unit and since the officials
respondent is an
institution imparting education in engineering. There is no functional
integrality between them. The learned counsel for the petitioner relied
on the following ... Diocese of Church of South India. Of course, there is
no functional integrality between the petitioner and the seventh
respondent. One is in the medical
appellant would submit that in the event there is a functional integrality between the two companies, both the companies should be considered as one establishment ... Only in that context, the Apex Court found that there was functional integrality. Even otherwise, the Apex Court, in order to find out the relationship
side of the appellant, it is stated that there was no functional
integrity. The employees of the second respondent already settled their accounts and
they ... second respondent
establishment treated as a single unit and there was functional
integrity, ignoring the facts and evidence and on that passing of
the impugned
first respondent-Management further
contended that there was no functional integrality and therefore, there is no
question of maintaining a common seniority list.
10. According ... that closure of Factory-II was real, that there was no
functional integrality between Factories-I & II, that there was no question of
application
which
such establishment was set up. What was necessary was the functional
integrality and not mere ownership. According to learned counsel, ownership
was irrelevant. Learned ... premises by itself was not sufficient
to satisfy the test of functional integrality.
13. In MUMBAI MAZDOOR SANGH v. R.P.F.COMMR
