Delhi High Court
W.P.(C)/10731/2026 of SH. SURESH KUMAR AND ORS. Vs CENTRAL GOVERNMENT HEALTH SCHEME AND ORS. on 5 August 2026
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010344822026 + W.P.(C) 10731/2026 & CM APPL. 49751/2026, CM APPL. 49752/2026 SH. SURESH KUMAR AND ORS. .....Petitioners Through: Mr. Jawahar Raja, Mr. Siddharth Sapra, Mr. Ishaan Goel, Mr. Nitai Hinduja, Advocates (M:9811142757)
$~20
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010344822026
+
W.P.(C)
10731/2026
&
CM
APPL.
49751/2026,
CM
APPL.
49752/2026
SH. SURESH KUMAR AND ORS.
.....Petitioners
Through:
Mr. Jawahar
Raja, Mr. Siddharth
Sapra, Mr. Ishaan Goel, Mr. Nitai
Hinduja, Advocates (M:9811142757)
versus
CENTRAL GOVERNMENT HEALTH SCHEME AND ORS.
.....Respondents
Through:
Mr. Raktim Gogoi, CGSC with Ms.
Akshita Nigam, Mr. Kanhaiya Singla,
Mr. Kaushlendra D. Pandey and Ms.
Gayatri Gokula Krishnan, Advocates
for UOI (M:9561940475)
Mr. Bipul Kumar Mishra, Ms. Ankita
Dwivedi,
Advocates
for
R-2
(M:9818020554)
Mr. Prashant Parihar, Advocate for
Respondent No. 3
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
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O R D E R
% 05.08.2026
1. The present writ petition has been filed seeking directions to the respondents to not change the service condition of the petitioners, during the pendency of the industrial dispute raised by them, as the same is in violation of Section 33 of the erstwhile Industrial Disputes Act, 1947, which is pari materia to Section 90 of the Industrial Relation Code, 2020.
2. This Court notes that when the matter was listed for hearing on 31st July, 2026, the following order came to be passed: “1. The matter has been received on transfer.
2. By the present petition, the petitioners essentially seek compliance of Section 90 of the Industrial Relations Code, 2020 (erstwhile Section 33 of the Industrial Disputes Act, 1947) in its true letter and spirit.
3. The learned senior counsel for the petitioners submits that the Conciliation Officer has categorically advised the management to comply with the provisions of Section 90 of the Industrial Relations Code, 2020 and to maintain the service conditions during the pendency of the conciliation proceedings.
4. He submits that the said directions were issued on 28.07.2026, however, the petitioners seriously apprehend the violation of the same. He submits that the apprehension is genuine since the management has not given any heed to the advise and terminated the services of similarly situated workmen in the past.
5. Issue notice.
6. Mr. Raktim Gogoi, learned CGSC accepts notice on behalf of Respondent No.1.
7. Issue notice to Respondent Nos.2 and 3, through all permissible modes, returnable on the next date of hearing.
8. Till the next date of hearing, the respondents are directed to maintain status quo in the service conditions of the petitioners. xxx xxx xxx”
3. Learned counsels for respondent nos. 2 and 3 submit that they were the contractor of respondent no. 1, and that their contract has already expired. They, thus, submit that they cannot continue the service of the petitioners any further, as they are no longer the contractors of respondent no. 1.
4. Ms. Akshita Nigam, learned counsel appearing for Mr. Raktim Gogoi, Central Government Standing Counsel (“CGSC”), submits that she has instructions to submit that respondent no. 1 shall maintain status quo as regards to the service condition of the petitioners, till the pendency of the industrial dispute.
5. The aforesaid statement is taken note of.
6. Accordingly, no further orders are required to be passed in the present matter.
7. The present petition, along with pending applications, is accordingly, disposed of. MINI PUSHKARNA, J AUGUST 5, 2026/au