WILLIAM GOODACRE Vs. NEELAKANDAN K

JUDGEMENT

(1.) THE respondent/workmen in both the writ Appeals field w. P. 7508 of 1985 to quash the award of the Industrial Tribunal, Madras in I. D. 38 of 1983 as published in G. O. Ms. No. 1295 Labour and Employment department dated September 26, 1984 and direct the Management of Tac Floor Company and the management of Willam goodacre and Sons Limited to reinstate the workmen with backwages and continuity of service.

(2.) TAC Floor Company is doing business in manufacturing mat floors and mats. The said company and the management of William Goodacre and Sons Limited. Alleppey are closely interconnected. On September 4, 1982 TAC Floor Company gave a notice under Section25-FF of the Industrial Disputes Act holding that it had transferred the TAC Floor Company Unit with its appurtenances and other facilities excluding mat looms to the 2nd respondent-Company (William Goodacre and Sons Limited) under an agreement of lease. The services of all the workmen were terminated and one month's notice pay in lieu of backwages was offered. The workmen sent a letter protesting against the alleged transfer of undertaking. According to them, there is no transfer of ownership of the company. It has been alleged that there is only a lease in favour of M/s. William Goodacre and Sons Limited and there is no transfer of ownership of the management and that both the companies are acting in collusion to put an end to the services of the workmen. Since there was a dispute between the workers represented by their Union and the management, the matter was referred for adjudication.

(3.) AGGRIEVED by the above said order, the management of william Goodacre and Sons Ltd. , Alleppey filed Writ Appeal No. 225/1996 and the management of Tac Floor Company owned by Alleppey and Company filed Writ Appeal no. 1055 of 1987.