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22.2. However, this principle is subject to well-
recognized exceptions in the form of laches and delays
as well as acquiescence. Those persons who did not
Patna High Court CWJC No.9987 of 2016 dt.18-09-2017 7
challenge the wrongful action in their cases and
acquiesced into the same and woke up after long delay
only because of the reason that their counterparts who
had approached the court earlier in time succeeded in
their efforts, then such employees cannot claim that the
benefit of the judgment rendered in the case of similarly
situated persons be extended to them. They would be
treated as fence-sitters and laches and delays, and/or the
acquiescence, would be a valid ground to dismiss their
claim.