1] Both these Petitions raise common issues of fact and law and therefore can be conveniently disposed of together. The challenge in the two Petitions is directed against the Order dated 22 December 2006 passed by the Joint Commissioner of Labour, Mumbai, referring under Section 12(5) of the Industrial Disputes Act, 1947 (“said Act”), a dispute with the following terms of the reference:

“By cancelling the Order dated 29.12.2003 the workmen be absorbed in the establishment of M/s. Otis Elevators(India), Mumbai (List is enclosed herewith)”

2] The brief facts and circumstances in which the challenge arises is that the 252 employees referred to in the list annexed to the Order of Reference dated 22 December 2006 (“impugned order”) were admittedly the employees of M/s. Otis Elevator Co. (I)Ltd., (hereafter referred to as “the Otis”) at least upto 29 December2003. On and from the said date, the services of such employees were purported to be transferred on “as is where is basis” to M/s. United White Metals Limited (hereafter referred to as “the UWML”).At the time of such transfer, there were two Unions viz. Bharatiya Kamgar Karmachari Mahasangh ('BKKM') and Bhartiya Kamgar Sena ('