Shiv Gopal Pathak & ORS v. Govt. Of NCT Of Delhi & ORS
$~16 and 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8051/2015 and CM APPL. Nos. 16537/2015, 33664/2024 and 48824/2024 CATS AMBULANCE STAFF UNION & ORS .....Petitioners Through:
Mr. Rajiv Agarwal, Ms. Meghna De and Ms. L. Gangmei, Advocates versus GOVT. OF NCT OF DELHI & ORS .....Respondents Through:
Mrs.
Avnish Ahlawat, Standing Counsel for GNCTD (Services) along with Mr.
Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr.
Mohnish Sehrawat, Advocates + W.P.(C) 10658/2015 and CM APPL. 27277/2015 SHIV GOPAL PATHAK & ORS .....Petitioners Through:
Mr. Rajiv Agarwal, Ms. Meghna De and Ms. L. Gangmei, Advocates versus GOVT. OF NCT OF DELHI & ORS .....Respondents Through:
Mrs.
Avnish Ahlawat, Standing Counsel for GNCTD (Services) along with Mr.
Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr.
Mohnish Sehrawat, Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 30.08.2024 1.
Mr. Rajiv Agarwal, learned counsel appearing on behalf of the Petitioners, on instructions, seeks to withdraw these writ petitions for availing legal remedies under the Industrial Disputes Act, 1947 ('ID Act'). W.P.(C) 8051/2015 & connected matter Page 1 of 2 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 09/09/2024 at 12:32:05
He further submits that since the Petitioners approached this Court in 2015, the delay in approaching the Industrial Tribunal should not come in their way of seeking the reliefs on merits. It is also stated that during the pendency of these petitions wherein Petitioners have claimed relief of regularisation, their services have been terminated and therefore, liberty may also be granted to challenge their terminations. 2.
Mrs. Avnish Ahlawat, learned Standing Counsel for the Government of NCT of Delhi submits that she has no objection to the withdrawal of the present petitions to take recourse to the alternate statutory remedy under the ID Act, in accordance with law. She, however, states that the issue of delay be left open to be decided by the Industrial Tribunal. 3.
The writ petitions are disposed of as withdrawn with liberty to the Petitioners to take recourse to alternative statutory remedy under the ID Act with respect to regularisation and termination, in accordance with law. As and when the Petitioners approach the Industrial Tribunal, the aspect of delay in approaching the Tribunal shall be considered taking into account that Petitioners had bona fidely filed these writ petitions in 2015 and the petitions have been pending before this Court. 4.
Pending applications also stand disposed of.
JYOTI SINGH, J AUGUST 30, 2024/ns/shivam W.P.(C) 8051/2015 & connected matter Page 2 of 2 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 09/09/2024 at 12:32:05