W.P.(C)/9922/2024 of MR NAVEEN KUMAR MIDHA Vs MS WILLIS TOWERS WATSON INDIA INSURANCE BROKERS PRIVATE LIMITED & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 9922/2024 & CM Appl.40684-85/2024MR NAVEEN KUMAR MIDHA .....Petitioner MR NAVEEN KUMAR MIDHA .....Petitioner

.....Petitioner

Through:

Mr. Ashim Sood, Mr. Avi Tandon, Ms. Meghna Tandon, Ms. Isha Khurana and Mr. Ekansh Gupta, Advs.

versus

MS WILLIS TOWERS WATSON INDIA INSURANCE BROKERS PRIVATE LIMITED & ANR. .....Respondents

Through:

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

% 22.07.2024

CM Appl.40683/2024[Exemption from filing typed copies]

1. Allowed, subject to the Petitioner filing typed and clean copies of the annexures within period of four weeks.

2. The Application stands disposed of.

W.P.(C) 9922/2024 & CM Appl.40684/2024[Stay]

3. The prayers made in the present Petition reads as follows:

“(i) To issue writ, order or direction in the nature of Certiorari, quashing/setting aside the Impugned Order dated 29.02.2024 passed by the Office of the Ld. Dy. Labour Commissioner (New Delhi District) in Case No. 11/PGA/ALC/LO/NDD/19/3720 (titled "Mr. Naveen Kumar Midha v. Mis Willis Towers Watson Insurance Brokers Pvt. Ltd. & Anr.") pending before the Office of the Ld. Controlling Authority, Payment of Gratuity Act, 1972; and/or

(ii) To issue writ, order or direction in the nature of Prohibition, prohibiting the Office of the Ld. Controlling Authority, Payment of Gratuity Act, 1972 from proceeding any further in the adjudication of Case No. 11/PGA/ALC/LO/NDD/19/3720 (titled "Mr. Naveen Kumar Midha v. Mis Willis Towers Watson Insurance Brokers Pvt. Ltd. & Anr.") during the pendency of the present writ petition before this Hon'ble Court; and/or

(iii) To issue any other appropriate writ, order or direction which this Hon'ble Court deems just and proper, in the facts and circumstances of the present matter; and/or”

4. At the outset, learned Counsel for the Petitioner submits that the order dated 29.02.2024 passed by the Office of Controlling Authority which has been impugned in the present Petition before this Court, also forms the subject matter of an Appeal filed before the Appellate Authority being Appeal no. 1810/lab/DLCI/MDD/2024 titled Naveen Kumar Midha v. M/s Willis Towers Watson India Insurance Brokers Pvt. Ltd. & Anr. which is now listed for hearing on 30.07.2024 before the Appellate Authority.

5. Learned Counsel for the Petitioner submits that he may be permitted to withdraw the present Petition to approach the Court at later stage if the need arises, and in accordance with law.

6. The Petition and all pending Applications are accordingly dismissed as withdrawn, with liberty as prayed for. All rights and contentions of the parties are left open in this regard.

7. Parties will act based on the digitally signed copy of the order.

JULY 22, 2024/r

TARA VITASTA GANJU, J

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This is 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 29/07/2024 at 11:46:51