1 lpa227.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION LETTERS PATENT APPEAL NO. 227 OF 2011 IN WRIT PETITION NO. 5384 OF 2011 WITH CIVIL APPLICATION NO. 294 OF 2011 IN LETTERS PATENT APPEAL NO. 227 OF 2011 Pramod Puri ......Appellant. Vs. Suresh Laxman Patade & Ors. ......Respondents. Mr. V.P. Vaidya for the Appellant. None for the Respondents. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 24 AUGUST 2011. P.C. :- It is the case of the present Appellant that he is not the employer of the Complainant. Burden to prove that the present Appellant against whom relief is claimed in the complaint is the employer of the Complainant is on the complainant. If the Complainant fails to prove 2 lpa227.11.sxw ssm that the complaint as against the Appellant may be dismissed obviously that issue will have to be decided by the Industrial Court on the basis of the evidence led by the parties at the trial. The observations made by the learned Industrial Court in its order dated 29 April 2011 will not be relevant at that stage. 2 The Appeal therefore cannot be entertained. The LPA is dismissed. 3 In view of the dismissal of the LPA, Civil Application No. 294 of 2011 is also disposed of. (ANOOP V. MOHTA, J.) (D.K. DESHMUKH, J.)