Dismissed¶29

Mr. Sunil Kumar v. Labour Commissioner North District & Ors.

Delhi HC6 Nov 2025W.P.(C)/13102/2025

Case brief

AI extract

What is this about?

Writ petition withdrawn with liberty; Article 226; reinstatement with continuity of service and wages; unfair labour practice; Industrial Disputes Act; induced withdrawal of complaint dated 16.12.2024; deprivation of duty; Labour Commissioner North District; DTC/GNCTD; alleged harassment of 40-45 drivers; inquiry by retired District Judge; CM APPL. 53657/2025 disposed; dismissal as withdrawn; liberty to approach competent authority; Delhi High Court; Amit Sharma, J.; order dated 06.11.2025.

What did the court decide?

Leave and liberty granted to the petitioner to withdraw the petition and to initiate appropriate proceedings before the competent authority; petition dismissed as withdrawn and disposed of; pending application(s), if any, disposed of. No relief on merits was adjudicated or granted. ¶29

Mr. Sunil Kumar Vs Labour Commissioner North District… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner was entitled to reinstatement with continuity of service and wages, and whether Respondent No. 6's alleged inducement of withdrawal of the Petitioner's complaint dated 16.12.2024 and deprivation of duty constituted an unfair labour practice warranting action under the Industrial Disputes Act (raised in the petition; not adjudicated, as the petition was withdrawn). +1 more

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Ratio / Principle

The Court granted the petitioner leave to withdraw the present petition with liberty to initiate appropriate proceedings before the competent authority.

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Key takeaways

The present petition is dismissed as withdrawn and disposed of accordingly.ratio¶29
Pending application(s), if any, also stand disposed of.ratio¶30

Detailed headnote1 paragraphs

High Court of Delhi (Amit Sharma, J.), Order dated 06.11.2025 in W.P.(C) 13102/2025 & CM APPL. 53657/2025, Mr. Sunil Kumar v. Labour Commissioner North District & Ors. The petition under Article 226 of the Constitution of India sought (i) reinstatement of the petitioner with continuity of service and wages, (ii) a declaration that Respondent No. 6's inducement of withdrawal of the petitioner's complaint dated 16.12.2024 and consequent deprivation of duty was an unfair labour practice, (iii) action under the Industrial Disputes Act against Respondent No. 6, (iv) an independent/judicial inquiry into complaints of more than 40-45 drivers allegedly harassed by Respondent No. 6, and (v) expeditious conclusion of the petitioner's complaint proceedings. Learned counsel for the petitioner sought leave to withdraw the petition with liberty to initiate appropriate proceedings before the competent authority. The Court granted leave and liberty, dismissed the petition as withdrawn and disposed of it accordingly, and disposed of pending application(s). No issue was adjudicated on the merits; the petitioner's liberty to pursue remedies before the competent authority was expressly preserved.

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$~87

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 13102/2025& CM APPL. 53657/2025

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MR. SUNIL KUMAR .....Petitioner

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Through: Mr. Kunal Manav, Ms. Anupam Bhati and Ms. Archana Manav, Advocates.

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versus

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LABOUR COMMISSIONER NORTH DISTRICT & ORS.

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.....Respondents Through: Ms. Avnish Ahlawat, SC for GNCTD for DTC with Ms. Aliza Alam, Advocate with Mr. Deepak Mann, Inspecting Officer Labour Department.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 06.11.2025

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This hearing has been done through hybrid mode.

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The present petition under Article 226 of the Constitution of India seeks

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following prayers:-

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“a) Issue a writ of mandamus or any other appropriate writ / direction directing Respondent No. 6 to reinstate the Petitioner forthwith with continuity of service and wages;

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b) Declare the action of Respondent No. 6 in inducing withdrawal of complaint dated 16.12.2024 and thereafter deprivation of duty as unfair labour practice and illegal;

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c) Direct Respondent No. 1& 2 to take immediate action under the Industrial Disputes Act against Respondent No. 6 for unfair labour practice;

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d) Issue a direction for an independent/judicial inquiry by a retired District Judge/Registrar (or by the Labour Commissioner under Court supervision) into the repeated complaints of more than 40–45 drivers similarly harassed by Respondent No. 6, and to take consequential action

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This is a digitally signed order.

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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 10/11/2025 at 16:16:23

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to safeguard their statutory and constitutional rights;

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e) Direct Respondent No. 1 (Labour Commissioner) to ensure that no further coercion, harassment, or victimisation is inflicted upon the Petitioner or any other workman raising grievances against Respondent No. 6;

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f) Issue a writ of mandamus or any other appropriate writ/direction directing Respondent No.1 & 2 to conclude the proceedings in Complaint filed by the Petitioner, expeditiously;

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g) Direct Respondent No.1 & 2 to take effective coercive measures against other Respondents in accordance with law;

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h) Issue any other appropriate writ, direction or order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

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Learned counsel appearing on behalf of the petitioner seeks leave to withdraw the present petition with liberty to initiate appropriate proceedings before the competent authority.

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Leave and liberty granted.

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The present petition is dismissed as withdrawn and disposed of accordingly.

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Pending application(s), if any, also stand disposed of.

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AMIT SHARMA, J

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NOVEMBER 06, 2025 /sn/ah

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This is a digitally signed order.

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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 10/11/2025 at 16:16:23

Mr. Sunil Kumar v. Labour Commissioner North District & Ors.

Case brief

What is this about?

What did the court decide?

Mr. Sunil Kumar v. Labour Commissioner North District & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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