The writ petition praying to issue a writ of declaration that Section 25 FF of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") is unconstitutional to the extent it does not require the consent of a workman for transfer of the services on the transfer of an undertaking and consequently direct the second respondent to continue the second petitioner in service from 01.10.98 and pay him all the wages and other dues as before 01.10.98 or in the alternative issue a writ of declaration that the sale by the second respondent to the third respondent vide the second respondent's notice No.PD/ID/002 dated 30.09.98 does not constitute a transfer of undertaking as per the proviso to Section 25 FF of the Act and consequently direct the second respondent to continue the second petitioner in its service in the same manner as before 01.10.98 without any interruption and pay all his arrears and wages and other benefits.

2. In the affidavit filed in support of the writ petition, the petitioners would submit that the second respondent is a Public Limited Company which has branches and factories all over India with its head Office at Calcutta; that in the year 1991,