Delhi High Court - Orders
Directions) Shailesh Jain vs Union Of India & Anr on 20 May, 2025
Author: Prateek Jalan
Bench: Prateek Jalan
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8977/2019 & CM APPL. 37024/2019 (for interim
directions)
SHAILESH JAIN .....Petitioner
Through: Mr. Karan Babuta, Advocate.
versus
UNION OF INDIA & ANR .....Respondents
Through: Mr. Sharique Hussain, Advocate
for R-1.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 20.05.2025
1. The writ petition was scheduled to be listed on 11.09.2025, but has been listed today on an Office Note as it has been identified by the Registry as a "Targeted Matter" under the "Model Action Plan for Reduction of Arrears in High Courts".
2. Both the petitioner and the respondent No.1 - IFCI Factors Limited ["IFL"], who is the employer herein, are represented.
3. The petitioner assails a communication dated 09.04.2019, by which his services as Assistant Manager (Accounts and Finances) were terminated.
4. The petitioner was employed by IFL on a retainership basis as Assistant Manager (Accounts and Finances) since the year 2014. The arrangement was last renewed on 13.11.2018 for a period of one year, i.e. until 12.11.2019. The renewal letter contained clauses allowing for W.P.(C) 8977/2019 Page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/06/2025 at 15:46:27 termination of the retainership by either party upon one month's written notice or payment of the retainership fee in lieu thereof.
5. It is, however, admitted by learned counsel for both sides that the termination order dated 09.04.2019 was issued under Clause 4(b), which reads as follows:
"4. Termination of Retainership:
xxxx xxxx xxxx
b) Notwithstanding anything contained in the Clause 4 (a), your retainership may be terminated anytime, without giving any notice/intimation whatsoever, with immediate effect if you are found guilty of misconduct, misrepresentation, fraud, cheating and misappropriation of funds/assets of the Company, abuse of powers or performing the role assigned in a manner which is prejudicial or not in the interest of the Company.
Further, the termination under clause 4 (b) shall be the sole and absolute discretion of IFL and shall not be challenged by you in any manner whatsoever and no claim whatsoever shall lie against such termination."
6. The contention of Mr. Karan Babuta, learned counsel for the petitioner, is that the termination was on the ground of misconduct, yet no Show Cause Notice was issued, nor was any opportunity for a hearing provided. He submits that if the writ petition succeeds, the petitioner would be entitled to remuneration for the remaining period of the contract dated 13.11.2018.
7. At request of learned counsel for the parties, one week's time is granted to explore the possibility of a mutually acceptable settlement.
8. To report the outcome of the settlement discussions, list on 28.05.2025.
PRATEEK JALAN, J MAY 20, 2025 UK/SD/ W.P.(C) 8977/2019 Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/06/2025 at 15:46:27