Final order binding effect on transferred workmen secures retirement and retrenchment benefits against management resistance.

A final judicial direction that had attained finality was binding on the management, and it could not resist compliance on the ground that the workmen had neither resigned nor been formally retrenched. Where the workmen did not consent to serve under the transferee employer, they could not be compelled to continue under a different management against their will and remained entitled to retirement or retrenchment compensation in law. The earlier order directing payment of benefits was therefore enforceable against the management.

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Issues: Whether the workmen were entitled to enforce the earlier final order directing payment of retirement and retrenchment benefits after transfer of the undertaking, despite the management not having challenged that order.

Analysis: The earlier order had been passed after hearing all concerned parties and had attained finality. The workmen had not consented to serve under the transferee employer. In such circumstances, the Court held that workmen cannot be compelled to work under a different management against their will and are entitled to retirement or retrenchment compensation in terms of law. The management was bound to comply with the directions contained in the final order, and its attempt to resist payment on the ground that the workmen had neither resigned nor been formally retrenched was rejected.

Conclusion: The workmen were entitled to the benefit of the earlier order, and the management was obliged to pay the retirement and retrenchment benefits directed therein.

Final Conclusion: The appeals succeeded, and the direction to pay the stipulated benefits was enforced against the management.

Ratio Decidendi: Where a final judicial direction has attained finality and workmen do not consent to transfer of service to a new employer, they cannot be compelled to continue under the transferee and are entitled to the retirement or retrenchment benefits directed by the court.

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