SUNILBHAI HARIPRASAD VORA Vs. ADMINISTRATOR LOK PRAKASHAN LTD

JUDGEMENT

(1.) WE have heard Mr.K.B.Paeri, learned counsel appearing for the appellant and Ms.Sangita Pahwa, for Thakkar Associates appearing for the respondents.

(2.) THIS Letters Patent Appeal has been filed challenging the judgment of the learned Single Judge dated 9.8.2010 passed in Special Civil Application No. 13337 of 2000, by which the award of the Labour Court has been set aside by the learned Single Judge.

(3.) LEARNED counsel for the appellant has lastly urged that in view of schedule framed for the purposes of clause (d) of section 2, para 2(i)(iv) applies and respondent no.1 is a company and respondent no.2 which is a trust has to be treated as a firm and therefore, they are to be treated as one establishment. We are not inclined to accept this submission. It is no doubt true that the respondent no.1 is a company, but respondent no. 2 is a trust and the trust and firm both are two separate legal entities and they have got different status. Trust cannot be equated with a firm and therefore, the trust and the company cannot be treated to be one establishment. For the aforesaid reason, we are not in a position to accept the argument of the learned counsel for the appellant.