2014 (5) ADR 886 ::(2014) 210 DLT 25 ::(2014) 140 AllIndCas 683 (DEL)

Delhi High Court

Hon'ble Judge(s): Sanjeev Sachdeva , J

( A ) Industrial Disputes Act (14 of 1947) Sch. 2 , Item 3 —Civil P. C. (5 of 1908), O.1, R.10 — Joining of wrong party – Suit for recovery of damages for illegal termination of employment, arrears of salary, etc — Interview was conducted by an officer of Aditya Birla Group — Defendants, by letter issued on the letterhead of Aditya Birla Group have shown and represented that there is an entity by the name of Aditya Birla Group and they are trading in an assumed name – Presumption thus arises is that companies collectively carry on business and represent to public that there is an entity called Aditya Birla Group — Suit filed against ‘Aditya Birla Group’ — Is maintainable — Plea that Aditya Birla Group contains about 50 companies and is not a legal entity and as such cannot be sued in such name and form as plaintiff was appointed in its subsidary company — Not tenable. (Paras20)