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High Court of DelhiW.P.(C)/8469/2023

Raj Kumar & ORS. v. Indian Institute Of Technology (Iit) & ANR.

2024-11-20Hon'Ble Mr. Justice Girish Kathpalia2 pages

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI CM APPL. 67489/2024 & CM APPL. 67488/2024 in + W.P.(C) 8469/2023 RAJ KUMAR & ORS.

.....Petitioners Through:

Mr. A.P. Dhamija and Mr. J.P. Singh, Advocates versus INDIAN INSTITUTE OF TECHNOLOGY (IIT) & ANR.

.....Respondents Through:

Mr. Arjun Mitra, Advocate

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 20.11.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 67489/2024 (exemption) 1.

Allowed, subject to all just exceptions.

W.P.(C) 8469/2023 & CM APPL. 67488/2024 (for directions) 2.

The effective prayer clause of the writ petition is as follows: "(b) Pass appropriate writ/direction/order thereby directing the respondents not to terminate the services of the petitioners during pendency of the disputes relating the regularization of the services of the petitioners pending before the competent authority."

3.

At the initial stage itself learned counsel for respondents made a statement before the predecessor bench that services of the petitioners shall not be terminated during pendency of the proceedings related to regularization of their services. Despite that statement, the writ petition 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 21/11/2024 at 12:28:15

remained pending and intermittently, the petitioners continued filing applications for same relief and on behalf of respondents, same assurance continued.

4.

Today also, learned counsel for respondents on clear instructions of his clients submits that the respondents shall not terminate the services of the petitioners during pendency of the industrial dispute related to regularization. In that regard, learned counsel for respondents has also referred to his earlier statement forming part of order dated 11.05.2022 in the W.P.(C) 7371/2022 (pdf page 46).

5.

In view of aforesaid, learned counsel for petitioners on instructions of his clients present in Court seeks permission to withdraw this application as well as the main writ petition with liberty to institute appropriate legal proceedings in accordance with law. Accordingly, the writ petition and the pending application are dismissed as withdrawn with liberty as sought. 6.

Accordingly, the date of 28.11.2024 stands cancelled. GIRISH KATHPALIA, J NOVEMBER 20, 2024/rk Click here to check corrigendum, if any 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 21/11/2024 at 12:28:15