Maharashtra Act . Their
case was that there was functional integrality amongst all
the three M visions of the respondent-company, and as the
aggregate number ... constitute these two into one establishment. There was
complete functional integrality between them. The Trombay
factory could never have functioned independently without
the
130
Churchgate
closure is
bad in law on the ground that there was functional integral-
ity between the two units and were for all practicable
purposes parts ... units which were being run by the appellant had
functional integrality and were for all purposes parts of
one establishment and that the workmen were
determined in the light of the facts in each case.
Functional integrality is a very important
test but it is not a decisive ... other, the question would have to
be considered whether they are functionally
integrated or mutually inter-dependent. If they
are that would be an important
Court has to
consider with care how far there is "functional integrality" meaning
thereby such functional interdependence that one unit cannot exist
conveniently ... 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
this, the APFC found that there was Unity of
Purpose and Functional Integrality as there was common
factory, common administration/Head Office/Registered
Office, common ... Vindas was rejected. Learned
Senior Advocate contended that there was no functional
integrality or interdependence between the two establishments
and that while the appellant manufactures
closure is
bad in law on the ground that there was functional integral-
ity between the two units and were for all practicable
purposes parts ... units which were being run by the appellant had
functional integrality and were for all purposes parts of
one establishment and that the workmen were
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
