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$~89

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19281/2025 & CM APPL. 80484/2025 (Direction)

HARIOM SHARMA & ORS. .....Petitioners

Through: Mr. Biswambar Nayak, Advocate.

versus

EMPLOYEES STATE INSURANCE

CORPORATION & ANR. .....Respondents

Through: Mr. Shlok Chandra, SC for ESIC with

Mr. Parikshit Singh Bhati, Advocate.

CORAM:

HON’BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 19.12.2025

1. This hearing has been done through hybrid mode.

2. The present petition under Articles 226 and 227 of the Constitution of

India, 1950, seeks the following prayers:

“a) Issue a writ in the nature of mandamus or certiorari or any other writ

as appropriate directing the respondent no. 1 /Employees State Insurance

Corporation & the respondent no. 2 /M/s. Well Protect Manpower Services

Pvt. Ltd., herein to maintain status quo qua the services of the petitioners

/workmen herein, till the final disposal of their industrial dispute for

regularization of their services & other demands, by the Labour

Department (Central) and C.G.I.T., Delhi and to adhere to the provisions

of Section 33 of the Industrial Disputes Act, 1947, scrupulously.

b) Pass any other & lor further order(s) / instructions, in favour of the

petitioners herein, as this Hon’ble Court may deem fit & proper, in the

interests of justice.”

3. The petitioners herein are 32 workmen as House Keepers/Sweepers

with respondent No.1/ESIC since last many years. It is case of the petitioners

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 06/02/2026 at 13:59:39

that the House Keepers/Sweepers recruited by respondent No.1 who are doing

same work are getting higher salaries and facilities and the petitioners are just

being paid minimum wages and a statement of claim has been filed by them

in this regard which is pending before the Conciliation Officer, Labour

Department, Central, Dwarka.

4. Learned counsel for the petitioners submits that the latter are

apprehending termination of their services as respondent No.1/ESIC is

planning to remove them without any notice and even without complying with

the provisions of Section 33 of the Industrial Disputes Act, 1947. Reliance

has been placed on notice dated 01.12.2025 issued by the Conciliation Officer

to submit that the termination of services of the petitioners during the

pendency of the industrial dispute would be in violation of Section 33 of the

Act.

5. Reliance has been placed on an order dated 11.07.2025 passed by a

Coordinate Bench of this Court in W.P.(C) 9563/2025 wherein, it was

observed as under: -

“4. Indisputably, the dispute between the parties 1s currently pending

before the Conciliation Officer. It is now a settled position in law that

a workman’s service conditions cannot be altered during the pendency

of a conciliation proceeding before the Conciliation Officer. A gainful

reference is made to the decision of the Supreme Court in Shripal &

Anr. v. Nagar Nigam, Ghaziabad, reported as (2025) SCC OnLine SC

221, wherein, while taking note of Section 6E of the U .P. Industrial

Disputes Act, 194 7, which is pari materia to Section 33 of the Act, it

was held that unilateral alteration in serv1ce conditions, including

termination, is impermissible during the pendency of industrial dispute

unless prior approval is obtained from the appropriate authority.”

6. Admittedly, the industrial dispute between the parties in the present

case is currently pending before the Conciliation Officer and he has issued a

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 06/02/2026 at 13:59:39

notice dated 01.12.2025 drawing attention of respondent Nos.1 & 2 towards

Section 33 of the Industrial Disputes Act, 1947.

7. Considering the above facts and circumstances of the present case, and

the afore