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2026 DAILYLAW 7204 (DEL)

SHRI VINEET MALIK & ORS. v. GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS.

W.P.(C)/3070/2026 · 2026-03-11

Sachin Datta

Writ Petition (Civil)body2026

Judgment text

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$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3070/2026 SHRI VINEET MALIK & ORS. .....Petitioners Through: Ms. Srutisma Hazarika, Mr. Neeraj, Mr. Dipanshu Meena and Mr. Vihan Garg, Advs. versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS. .....Respondents Through: Mr. Rajesh Kumar Agnihotri, Adv. for R-1 and 2. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 11.03.2026 O R D E R 1. Allowed, subject to all just exceptions. CM APPL.14822/2026 (Exemption) 2. Application stands disposed of. 3. The petitioners in this matter are formally employed by FIITJEE Limited (respondent no.3 and its subsidiaries – respondent nos.4 and 5). W.P.(C) 3070/2026 4. It is pointed out that the petitioners invoked the statutory machinery under the Payment of Gratuity Act, 1972, whereupon, the Controlling Authority passed final orders in Form-R, quantifying the gratuity dues of each petitioner and directing payment along with 10% interest (as provided in the statute). 5. It is submitted that these orders have attained finality having remained unchallenged in any legal forum. 6. Subsequently, the Controlling Authority exercised its powers under 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 16/03/2026 at 17:21:06 Section 8 of the Payment of Gratuity Act, 1972 and requisition / recovery certificates were issued in favour of the petitioners. These were forwarded to the concerned SDM for execution. The grievance of the petitioners is that the said requisition / recovery certificates remain unexecuted. 7. Learned counsel for the respondent nos.1 and 2, who appears on advance notice, fairly submits that urgent and expeditious steps shall be taken to execute the recovery certificates. The said statement is taken on record. 8. The concerned SDM shall forthwith execute and enforce the recovery certificates, keeping in mind the dicta laid down by this Court in Santosh Kumar Jha vs. The Deputy Labour Commissioner (South), passed in W.P.(C) 8092/2016. 9. The petition stands disposed of in the above terms. SACHIN DATTA, J MARCH 11, 2026/cl 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 16/03/2026 at 17:21:06