D. R. GURUSHANTAPPA vs ABDUL KHUDDUS ANWAR & ORS.

The Supreme Court held that the first respondent was not holding an office of profit under the State Government as he became an employee of the company after the transfer of the undertaking, in accordance with Section 25FF of the Industrial Disputes Act, 1947. The Court clarified that the employees of the undertaking were automatically transferred to the company and ceased to be government employees, thus negating the appellant's claim. The election challenge was dismissed, affirming the first respondent's eligibility to contest as he did not hold an office of profit under the State Government.