Allowed¶38

Amit Kaushik and Ors. v. Govt of NCT of Delhi and Ors.

Delhi HC4 May 2026W.P.(C)/16423/2023

Case brief

AI extract

What is this about?

Review petition allowed; writ petition restored to original number; W.P.(C) 16423/2023; Review Pet. 88/2024; CM APPL. 14567/2024; Amit Sharma J; review of order dated 24.01.2024; LPA No. 87/2024; Division Bench order dated 01.02.2024; circular dated 31.10.2023; CGIT interim relief; no industrial dispute raised; GNCTD coercive action; Amit Kaushik; Ravi Kumar; Akash Verma; Section 114 CPC; Order 47 Rule 1 CPC; Section 151 CPC; Delhi High Court 08.09.2025; counter affidavit; listed 12.11.2025.

What did the court decide?

Review Pet. 88/2024 allowed; writ petition W.P.(C) 16423/2023 restored to its original number; respondents granted time to file counter affidavit before the next date of hearing with advance copy to petitioners' counsel; matter listed on 12.11.2025. ¶38

Amit Kaushik and Ors. Vs Govt of NCT of Delhi and Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgment and order dated 24.01.2024 disposing of W.P.(C) 16423/2023 should be reviewed and the writ petition heard on its own merits, given that the petitioners had never raised any industrial dispute and the Division Bench in LPA No. 87/2024 had already set aside the identical order and remanded the matter for decision on the validity of the circular dated 31.10.2023.

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Court's answer

The review petition is allowed and disposed of: the petitioners had never raised any industrial dispute, and there was no objection from learned counsel for the respondents/petitioners to the review being allowed.

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Ratio / Principle

CM APPL. 14567/2024 is allowed subject to all just exceptions and the application is disposed of.

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Key takeaways

The captioned writ petition W.P.(C) 16423/2023 is restored to its original number.ratio¶38

Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J.; order dated 08.09.2025) allowed Review Pet. 88/2024 under Section 114 read with Order 47 Rule 1 and Section 151 of the CPC and restored W.P.(C) 16423/2023 (Amit Kaushik and Ors. v. Govt of NCT of Delhi and Ors.) to its original number. The predecessor Single Judge Bench, by order dated 24.01.2024, had disposed of the writ petition — which assails a circular dated 31.10.2023 — in the same terms as tagged matters, directing the petitioners to approach the CGIT for interim relief and barring coercive action by GNCTD pending that application. It was pointed out that the petitioners had never raised any industrial dispute, and that the Division Bench in LPA No. 87/2024 (arising from Ravi Kumar and Ors., W.P.(C) 14738/2023) had, by order dated 01.02.2024, set aside the identical order dated 24.01.2024 and remanded for examination of the validity of the circular dated 31.10.2023. With no objection from learned counsel for the respondents, the review petition was allowed; CM APPL. 14567/2024 was allowed and disposed of; counter affidavit was directed; matter listed on 12.11.2025.

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$~22

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IN THEHIGH COURTOF DELHIAT NEW DELHI

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- W.P.(C) 16423/2023

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AMIT KAUSHIK AND ORS .....Petitioners Through: Mr. V. Subramoniam T.R., Mr. R. Bansal, Mr. Hari Vishnu Tiwari, Mr. Vashu Chaudhary and Mr. Harsh Anand, Advocates.

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versus

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GOVT OF NCT OF DELHI AND ORS .....Respondents Through: Ms. Avnish Ahlawat, SC for GNCTD Services with Mr. Nitesh Kumar Singh, Ms. Aliza Alam, Ms. Laavanya Kaushik and Mr. Mohnish Sehrawat, Advocates.

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Mr. Gaurav Dhingra and Mr. Shashank Singh, Advocates for GNCTD.

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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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% 08.09.2025

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This hearing has been done through hybrid mode. CM APPL. 14567/2024

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Allowed, subject to all just exceptions. Application is disposed of.

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REVIEW PET. 88/2024

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The present review petition under Section 114 read with Order 47 Rule 1 and Section 151 of the CPC seeks the following prayers:-

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“(a) Review the judgment and order dated 24.01.2024 for the reasons stated above and the aforesaid writ petition may be heard on its own merits;

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(b) Any other relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

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This is a digitally signed order. 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 11/09/2025 at 12:42:28

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Issue notice.

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Learned counsel appearing on behalf of the petitioner/non-applicant accepts notice and submits that they have no objection if the present review petition is allowed.

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The present review petition has been filed on account of the fact that while disposing of the captioned petition vide order dated 24.01.2024, the following observations were made:-

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“12. In view of the aforesaid discussion, petitioners are directed to approach the CGIT with an application, if not filed, within two weeks from today seeking interim relief and the learned CGIT is directed to decide the dispute in relation to the entitlement of petitioner for the grant of any interim relief as expeditiously as possible in accordance with law without being influenced by any of the proceedings before this Court. It is further directed that the CGIT shall not grant any unnecessary adjournments to either party.

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The parties are also directed to cooperate in the proceedings before the learned CGIT and GNCTD is directed to not to take any coercive action in respect of the petitioners till the decision of the interim application pending before learned CGIT. Accordingly, the instant batch of petitions is disposed of along with pending applications, if any.”

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It is pointed out that in the present case, the petitioners had never raised any industrial dispute. It is further pointed out that the present petition was tagged alongwith certain other petitions, namely, Akash Verma And Ors v. Govt. of NCT of Delhi and Anr. in W.P.(C) 14020/2023, however, the present petition came to be disposed of in the same terms even when no industrial dispute was raised on behalf of the petitioners herein. It is pointed out that several similarly placed petitioners in Ravi Kumar and Ors. v. Govt. of NCT of Delhi and Ors. in W.P.(C) 14738/2023 had also filed petition challenging

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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 11/09/2025 at 12:42:28

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the circular dated 31.10.2023 without raising the industrial dispute and therefore, have challenged the order dated 24.01.2024 passed by learned Predecessor Bench by way of filing an appeal, LPA No. 87/2024, wherein Hon’ble Division Bench vide order dated 01.02.2024 set aside the order dated 24.01.2024 passed by learned Single Judge and remanded the matter back to the learned Single Judge for deciding the validity of the circular dated 31.10.2023 which is assailed in the present petition. Relevant portion of the order dated 01.02.2024 is as under: -

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“6. Having perused the impugned order and the stand taken by the parties, we are in agreement with the learned counsel for the parties that the learned Single Judge has proceeded to dispose of the writ petition without examining the validity of the circular dated 31.10.2023, which was specifically assailed by the appellants.

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In these circumstances, we have no other option but to set aside the impugned order and remand the matter back to the leamed Single Judge for examining the validity of the impugned circular dated 31.10.2023.

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List the matter before the learned Single Judge on 09.02.2024.

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It is, however, made clear that this Court has not expressed any opinion on either the validity of this circular or the rival submissions of the parties.

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The appeal is, accordingly, allowed by setting aside the impugned order dated 24.01.2024 and remanding the matter back to the learned Single Judge for deciding the validity of the respondent’s circular dated 31.10.2023 assailed before the leamed Single Judge.”

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It is pointed out that the present petition was also disposed of alongwith the said Writ Petition by way of the same order dated 24.01.2024.

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In view of the above and no objection from learned counsel for the petitioners, the present review petition is allowed and disposed of

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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 11/09/2025 at 12:42:28

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accordingly.

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The captioned writ petition is restored to its original number. W.P.(C) 16423/2023

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Learned counsel appearing on behalf of the respondents seeks time to file a counter affidavit. Let the same be filed before the next date of hearing, with an advance copy to learned counsel for the petitioners.

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List on 12.11.2025.

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AMIT SHARMA, J

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SEPTEMBER 08, 2025 /sn

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Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and order dated 24.01.2024 of the predecessor Single Judge Bench disposing of the writ petition (along with a batch of tagged petitions), directing the petitioners to approach the CGIT for interim relief, directing the CGIT to decide entitlement to interim relief expeditiously, and restraining GNCTD from taking coercive action pending the interim application.¶16
High Court of Delhi, learned Single Judge (Predecessor Bench) · 24.01.2024
Prior proceeding
The present petition was tagged with Akash Verma And Ors v. Govt. of NCT of Delhi and Anr., W.P.(C) 14020/2023, and was disposed of by the common order dated 24.01.2024 in the same terms even though the petitioners herein had never raised any industrial dispute.¶24
Prior proceeding
By the order dated 24.01.2024 the parties were directed to cooperate in proceedings before the learned CGIT and GNCTD was restrained from taking coercive action against the petitioners until decision of the interim application pending before the CGIT.¶23
Prior proceeding
Several similarly placed petitioners (Ravi Kumar and Ors. v. Govt. of NCT of Delhi and Ors., W.P.(C) 14738/2023), who had likewise challenged the circular dated 31.10.2023 without raising an industrial dispute, appealed against the order dated 24.01.2024 by way of LPA No. 87/2024; the Hon'ble Division Bench, by order dated 01.02.2024, set aside that order and remanded the matter to the learned Single Judge to decide the validity of the circular dated 31.10.2023.¶27
Prior proceeding
Reason recorded by the Division Bench for remand in LPA No. 87/2024: the learned Single Judge had disposed of the writ petition without examining the validity of the circular dated 31.10.2023, which was specifically assailed.¶28
Prior proceeding
Review Pet. 88/2024 was filed under Section 114 read with Order 47 Rule 1 and Section 151 of the CPC seeking review of the judgment and order dated 24.01.2024 and hearing of the writ petition on its own merits; CM APPL. 14567/2024 was also on board.¶15

Amit Kaushik and Ors. v. Govt of NCT of Delhi and Ors.

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Amit Kaushik and Ors. v. Govt of NCT of Delhi and Ors.

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