JOHNSON & JOHNSON EMPLOYEES UNION Vs. THE COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND ORS.

JUDGEMENT

(1.) By this petition, preferred under Article 226 of the Constitution of India, the Petitioner Union seeks the following principal reliefs :

(2.) Few facts as are germane for deciding the petition are :

(3.) It appears that pursuant to an agreement of sale dated 10th August, 1999, the second respondent sold the factory premises to the third respondent, as a going concern. The petitioner Union had hence filed a complaint alleging unfair labour practices, being Complaint (ULP) No. 854/1999 under the MRTU & PULP Act in the Industrial Court. It appears that during the pendency of the said complaint before the Industrial Court, the third respondent sought its impleadment in the said proceedings. Both, the second and the third respondent individually informed the Industrial Court, that the third respondent had purchased the Permacel division of Johnson & Johnson Ltd., as a going concern, and that the services of the employees were not going to be interrupted and that they were to be considered in service. The said complaint was dismissed by the Member, Industrial Court vide judgment and order dated 13th February, 2004. The said complaint raised several grounds including one of transfer under Section 25-FF of the Industrial Disputes Act, 1947. It is pertinent to note, that in view of the statement made by the second and third respondent, the learned Member, Industrial Court, observed that the third respondent was running the undertaking and paying salaries and was also extending the service conditions to the employees. The Industrial Court also observed that the third respondent had accepted all the liabilities, with respect to the service conditions of the employees, which they had got under various settlements with the second respondent. The said judgment and order was challenged by the petitioner before the learned Single Judge of this Court. The said writ petition was dismissed vide judgment and order dated 14th July, 2004, after observing in para 24 as under :