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2010 Supreme(SC) 389

S.S.NIJJAR, V.S.SIRPURKAR
North Delhi Power Limited – Appellant
Versus
Govt. of National Capital Territory of Delhi – Respondent


Advocates appeared:
For the Appearing Parties:P.P. Malhotra, ASG, P.P. Rao, Sudhir Nandrajog, P.S. Patwalia, Jayant Nath, Sr. Advocates, Anupam Verma, Abhay Kumar, Abhishek Munot, Ashish Kumar, Ms. Vibha Datta Makhija, Mansoor Ali Shoket, Ms. A. Ahlawat, Ms. Rani Chhabra, S.K. Dubey, Rakesh K. Sharma, Jamal Akhtar, Ashok Gurnani (for Mrs. Rachna Gupta), Devashish Bharukha, Advocates.

Judgment :-

V.S. SIRPURKAR, J

1. This judgment shall dispose of the two appeals being CA No. 4269 of 2006 and CA No. 4270 of 2006. Civil Appeal No.4269/2006 has been filed on behalf of North Delhi Power Limited and Civil Appeal No.4270 of 2006 has been filed by BSES Rajdhani Limited. Since a common question falls for consideration in both the appeals, the same are disposed of by this common judgment. The question can be framed as under:

"Whether the appellants are responsible for meeting the liabilities relating to employees who ceased to be the employees of erstwhile Delhi Electric Supply Undertaking (Predecessor of Delhi Vidhyut Board -DVB) prior to 1.7.2002 on account of their retirement, removal, dismissal or compulsory retirement in accordance with the provisions of Delhi Electric Reforms Act, 2000?"

By the impugned judgment dated 30.3.2006 passed by the Delhi High Court, the High Court has held that the appellants alone would be responsible to meet such liabilities.

2. In order to understand the nature of controversy and the ramifications thereof, some facts common to both these appeals would be necessary.

Common Facts:

3. The Legislative Assembly of the National Capital Terr




























































































































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