M/S. Future Retail Ltd. v. Kamgar Suraksha Sangh And ANR.

1 17) WP9419-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9419 OF 2019 M/s. Future Retail Ltd.

..Petitioner.

V/s.

Kamgar Suraksha Sangh & Anr.

..Respondents.

Mr.Shailesh s.Pathak for the petitioner.

Mr.Sunil K.Kharwal for respondent No.1.

Mr.S.H.Knkal, AGP for respondent-State.

CORAM : NITIN W.SAMBRE, J.

DATE : AUGUST 28, 2019 P.C. :- The petition is directed against the order of Industrial Court permitting the amendment whereby the petitioner is added as respondent.

2.

Submission are, the petitioner has stepped into the shoes of earlier employer in 2018 and as such, on the date of the complaint (ULP), the petitioner was not the employer and that being so, the complaint itself is not maintainable. 3.

Keeping the said option to be canvassed at an appropriate stage, in my opinion, no interference is warranted in exercise of the supervisory jurisdiction of this Court. The petition fails and is dismissed.

(NITIN W.SAMBRE, J.)