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2019 Supreme(Bom) 1378

M.S.KARNIK
Vidyut Metallics Pvt. Ltd. – Appellant
Versus
Kamgar Ekta – Respondent


Advocates Appeared:
For the Appellant :Shri K.M. Naik, Senior Advocate a/w. Shri Sujeet Sarkar a/w. Ms. Janak Kadam I/b. Shri Hemant Telkar
For the Respondent: Shri Yogendra Pendse., Mr. Lancy D'Souza a/w. Ms. Deepika Agarwal I/b. Shri V.M. Parkar

JUDGMENT :

1. The petitioner - M/s. Vidyut Metallics Pvt. Ltd., by this Petition filed under Article 226 and 227 of the Constitution of India, impugns an order dated 11/4/2016 (below Exhibits C 19 and CA15) passed by the Member Industrial Court at Thane.

2. Facts of the case in brief are, the petitioner is a private limited company registered under the Indian Companies Act, 1956. The petitioner was engaged in the business of manufacturing of safety razor blades, shaving products, etc. It is the case of the petitioner that prior to transfer of its business, as a part of its corporate social responsibility, had engaged trainees in its Thane factory. They paid monthly stipend to the said trainees. The said trainees at the time of appointment had entered into an agreement with petitioner - company. According to petitioner, by the Business Transfer Agreement dated 30th December, 2010, signed between the petitioner - Company and respondent No.2 - Company (M/s. Super Max Personal Care Pvt. Ltd.), the "business" of the petitioner - Company, where the concerned trainees were imparted training, was transferred to respondent No.2 - Company including all its employees, trainees, assets and liabi

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