Judgment

GAJENDRAGADKAR, J.: The short question of law which arises in this appeal by special leave relates to the construction of S. 25FF of the Industrial Disputes Act, 1947 (No. 14 of 1947) (hereinafter called "The Act ). This question arises in this way. Between the appellant, the Management of B. S. Madhoram and Sons (Agencies) (P) Ltd., and the respondents, its workmen, an industrial dispute arose in regard to the transfer of 57 employees from the Management of R. S. Madhoram and Sons, which was their original employer, to the appellant. This dispute was referred for adjudication by the Delhi Administration to the Industrial Tribunal, New Delhi.

2. The case of the respondents was that the impugned transfer is invalid, whereas the appellant contended that the said transfer was fully valid and justified under S. 25FF of the Act. Certain other pleas were raised by the parties before the Tribunal and they have been considered by it, but it is not necessary for the purpose of the present appeal to refer to them, since the only point which has been urged before us by Mr. Setalvad on behalf of the appellant is in relation to the finding of the Tribunal that S. 25FF does not apply to t