Delhi High Court - Orders
Sh Sushil Kumar And Anr vs Govt Of Nct Of Delhi And Ors on 30 November, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~98
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16477/2022
SH SUSHIL KUMAR AND ANR
..... Petitioner
Through: Mr. Rajiv Aggarwal, Ms. Meghna De,
N. Bhushan and Ms. Ekta Tomar,
Advs.
versus
GOVT OF NCT OF DELHI AND ORS
..... Respondent
Through: Ms Mehak Nakra, ASC, Civil,
GNCTD
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 30.11.2022 CM APPL. 51742/2022 -Ex.
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of. W.P.(C) 16477/2022 & CM APPL. 51741/2022
3. The petitioners, who are working on contractual basis with the respondent for the last many years, have approached this Court seeking the following reliefs:
"a. Issue an appropriate writ, order or direction, thereby setting aside orders dated 22.11.2022 & 25.11.2022 whereby the Respondent No. 1 has directed for replacing/ substitution of the Petitioners with another set of outsourced employees; and b. Issue an appropriate writ, order or direction, thereby directing the Respondents No. 1 & 2 to comply Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:01.12.2022 17:11:07 with the direction/notice dated 28.11.2022 passed by Union of India through the Assistant Labour Commissioner (Central), Ministry of Labour and Employment; and c. Issue an appropriate writ, order or direction, thereby directing the Respondent No. 1 not to change the service conditions of the workmen during the pendency of the industrial dispute without following the procedure under section 33 of the Industrial Disputes Act."
4. Issue notice. Ms. Nakra accepts noice on behalf of the respondents. She prays for and is granted four weeks' time to file counter affidavit and reply to the application. Rejoinder thereto, if any, be filed within four weeks, thereafter.
5. Till the next date, taking into account that the petitioners have already submitted their claim before the Deputy Labour Commissioner, Central, which claim is still pending adjudication, the respondents will maintain status quo qua the services of the petitioners as existing today.
6. List on 15.02.2023.
REKHA PALLI, J NOVEMBER 30, 2022 acm Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:01.12.2022 17:11:07