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2010 Supreme(Del) 396

RAJIV SAHAI ENDLAW
DELHI TRANSPORT CORPORATION – Appellant
Versus
NIHAL SINGH – Respondent


Advocates Appeared:
None. …Respondent
Mr. Pratap Shankar & Mr. Swetank Shantanu, Advocates.

JUDGMENT

1. DTC by this petition impugns the order dated 7th February, 2001 of the Industrial Tribunal dismissing/rejecting the application of DTC under Section 33 (2)(b) of the Industrial Disputes Act. Notice of this petition was issued on 28th July, 2004 on the contention of the counsel for DTC that the respondent workman had also raised an industrial dispute under Section 10 of the I.D. Act qua the same order of his dismissal/removal from service, of which approval was sought by DTC in the application under Section 33 (2)(b) of the ID Act; the said industrial dispute (vide order dated 18th October, 2003) had been answered against the respondent workman and the punishment imposed by DTC of removal of the respondent workman had been upheld; it was thus submitted that while the Industrial Tribunal in the order impugned in this petition had refused to give approval to the action of DTC of removal of respondent workman from service, the Industrial Tribunal in the dispute raised by the respondent workman held the action of DTC of removal of respondent workman to be valid. This Court while issuing notice of the petition also stayed the operation of the order dated 7th February, 2001. T























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