Judgment

SUBBA RAO, J. : This is an appeal by special leave against the order of the Labour Appellate Tribunal of India setting aside the award of the Industrial Tribunal, Allahabad, and directing the re-instatement of the workers in Kundan Sugar Mills at Amroha. "Kundan Sugar Mills" is a partnership concern and owns a sugar mill at Amroha. The respondents 1 to 4 were employed by the appellant as seasonal masons in the year 1946. In 1951 the partners of the appellant-Mills purchased the building machinery and other equipment of another sugar mill at Kiccha in the district of Nainital. They closed the said mill at Kiccha and started it at Bulandshahr. The new factory was named Pannijee Sugar & General Mills, Bulandshahr. On January 19, 1955, the General Manager of the appellant-Mills ordered the transfer of the respondents 1 to 4 from the appellant-Mills to the new mill at Bulandshahr. The said respondents through their representative, the fifth respondent, protested to the General Manager against the said transfer. But the General Manager, by his letter dated January 22/24, 1955, insisted upon their joining the new mill at Bulandshahr. But the said respondents did not accede to his