Judgment

GAJENERGADKAR, J. : The industrial dispute which has given rise to this appeal arose between the appellants, the workmen of Snbong Tea Estate, and the management of Subong Tea Estate represented by respondents 1 and 2. Respondent No. 1, M/s. Macneill and Barry Ltd., who managed the Subong Tea Estate, has transferred the said estate to respondent No. 2, M/s. Gungaram Tarachand otherwise known as Hindustan Tea Company. On the occasion of the retrenchment of the 8 employees in question respondent No. 1 has paid adequate retrenchment compensation to them. The appellants, however, contended that at the relevant date when the 8 workmen were retrenched, respondent No. 2 was their employer, and so, respondent No. 1 had no authority to pass the orders of retrenchment. It was further their case that the impugned retrenchment is invalid and illegal inasmuch as it is not justified under S. 25F of the Industrial Disputes Act, 1947 (No. 14 of 1947) (hereinafter called the Act), and has not been carried out according to the principles prescribed by S. 25G of the said Act. That is how the dispute in regard to the impugned retrenchment came to be referred by the Governor of Assam for indust