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2002 Supreme(Del) 1714

VIKRAMAJIT SEN
DELHI TRANSPORT CORPORATION – Appellant
Versus
JAI BHAGWAN,EX DRIVER – Respondent


Advocates Appeared:
KITTU BAJAJ, Vibhu Shankar

VIKRAMAJIT SEN

( 1 ) THE Order which has been impugned in this Writ petition is dated 23rd September, 1996 in which the hon ble Tribunal-II had dismissed the approval application of the Petitioner as a consequence of the management s failure to pay costs.

( 2 ) MS. KITTOO Bajaj, learned counsel for the respondent, at the very threshold, concedes that the order of dismissal of the Approval application on the ground of non-payment of costs may not be sustainable in view of the judgment of Division Bench of this court in LPA No. 480/00 entitled Delhi Transport corporation vs. Shri Hari Narain Giri and Anr. The hon ble Division Bench had followed the view of the apex Court in Punjab National Bank Ltd. vs. Sri Ram kunwar Industrial Tribunal, Delhi and Others, AIR 1957 SC 276 holding that in terms of Section 11 (7) of the Industrial Disputes Act, the costs of the proceedings would mean costs of the entire proceedings as determined on its conclusion and not costs in a pending proceeding, nor costs to be incurred in future by a party. Single Benches of this Court have remanded cases for this very reason.

( 3 ) THE contention of Ms. Kittoo Bajaj, learned counsel for the Respondent Workmen,











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