Sh Sushil Kumar And ANR v. Govt Of NCT Of Delhi And ORS
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 16382/2022, CM APPL. 51455/2022, CM APPL. 51456/2022 and CM APPL. 57439/2023 ANURAG AHUJA AND ORS Mr.Rishabh Sahu, SPC with Mr.Sameer Sharma, Advocates for UOI W.P.(C) 16477/2022, CM APPL. 51741/2022 and CM APPL. 53850/2023 SH SUSHIL KUMAR AND ANR W.P.(C) 16511/2022 and CM APPL. 51888/2022 SMT POOJA AND ORS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
W.P.(C) 16804/2022 and CM APPL. 53105/2022 SH AJAY KUMAR AND ANR Mr.Jitesh Vikram Srivastava, SPC with Mr.Suramya Srivastava, Advocate for UOI W.P.(C) 16810/2022, CM APPL. 53119/2022, CM APPL. 34235/2023 and CM APPL. 62493/2023 SMT GEETA BISHT AND ANR Ms.Shubhra Parashar and Mr.Virender Pratap Singh, Advocates The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
W.P.(C) 2175/2023, CM APPL. 8270/2023 and CM APPL. 5862/2024 SH LALIT GAUR AND ORS Mr.Vijay Joshi, Advocate for UOI W.P.(C) 3119/2024 and CM APPL. 12794/2024 JATIN BHOLA AND ORS
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 10.03.2026 1.
By way of the present writ petitions filed under Article 226 of the Constitution of India, the petitioners seek directions to the respondents to comply with the direction/notice issued by the Union of India through the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Assistant Labour Commissioner (Central), Ministry of Labour and Employment vide which the respondent was advised not to change the service condition of the workmen or terminate their services during the pendency of the dispute.
2.
The petitioners further impugned the Office Order dated 22.11.2022 issued by the Revenue Department, GNCTD vide which it was directed that all the Data Entry Operators (DEOs), who had previously worked in SubRegistrar Offices in Delhi, be surrendered and immediately replaced. 3.
On petitions being filed, this Court, vide order dated 13.12.2022 had directed that the respondents shall maintain status quo the services of the petitioners as existing on that date.
4.
Notably, the present petitions have been filed in the context of industrial disputes raised by the petitioners/workmen, who have claimed that they were engaged in the capacity of Data Entry Operators(DEOs) working in the establishment of Deputy Commissioner/District Magistrate, in different districts, Government of NCT of Delhi shown as outsourced workers on the basis of contract entered into between the Govt. of NCT of Delhi and the Contractor(s). It is claimed that the duties performed by the DEOs are of perennial and continuous in nature and the workers have been working against sanctioned vacant posts of LDC/UDC. It is further claimed that though the workmen are working under the direct and complete supervision of Management No.1, they are shown as the employees engaged through the contractor.
5.
Being aggrieved with the non-regularization of their services and denial of proper pay scale, allowances, difference of salaries paid and salary of proper pay-scale of DEO, LDC/UDC on the principle of equal pay for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
equal work, the petitioners approached the Conciliation Officer seeking regularization of their services along with the benefits as per pay-scale of DEO, LDC/UDC posts.
6.
Learned counsel for the petitioners submits that in some cases, respondent no.1's contract with respondent no.2/Contractor(s) has expired and a new Contractor has been engaged. The petitioners have approached this Court apprehending termination of their services by the respondents. 7.
Pertinently, writ petitions were filed at the stage when conciliation proceedings were pending and an order directing the respondents not to change the service conditions as well as not to terminate their services during pendency of the dispute was already passed. Concededly, thereafter the matter is now stated to be pending before the Central Government Industrial Tribunal (CGIT).
8.
A gainful reference is made to the decision of the Supreme Court in Shripal and Anr. Vs. Nagar Nigam, Ghaziabad, reported as (2025) SCC OnLine SC 221, wherein while taking note of Section 6E of the U.P. Industrial Disputes Act, 1947, which is pari materia to Section 33 of the Act, it was held that unilateral alteration in service conditions, including termination, is impermissible during the pendency of an industrial dispute unless prior approval is obtained from the appropriate authority. 9.
Learned counsel for respondent no.1 submits that the petitioners were deployed through respondent no.2 and, with the passage of time, a new Contractor has been engaged in some of the districts. He, on instructions, submits that the service conditions of the petitioners will not be altered during the pendency of the dispute before the CGIT. 10.
Considering that the dispute already stands referred and is pending The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
before the CGIT, the present petitions are disposed of along with pending applications with a direction that respondent no.2 would not alter the service conditions during the pendency of the dispute and with further direction that during the term of their engagement, the wages be paid regularly and arrears, if any, be also cleared within a period of one month from today. 11.
The aforesaid directions shall remain operative subject to the outcome of the proceedings pending before the concerned CGIT. MANOJ KUMAR OHRI, J MARCH 10, 2026/pmc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.