Bijay Kumar Verma v. Consortium for Educational Communication & Ors.

1. The present petition has been filed by the petitioner praying inter alia for setting aside an oral order of termination conveyed by the respondents on 7.5.2014, thereby removing him from the post of Editor of the respondent No.1.

2. In the course of arguments, Mr.Amitesh Kumar, learned counsel for the respondents No.1 to 4 and 6, who appears on advance copy, hands over a copy of the Agreement dated 7.2.2014 executed between the petitioner and the respondents to state that the said Agreement had made it abundantly clear that the petitioner’s appointment was purely contractual in nature and it was valid for a period of 89 days, 2014:DHC:7225 W.P.(C) 9022/2014 w.e.f.7.2.2014. He also draws the attention of this court to clause 11 of the Agreement which is the arbitration clause and states that if the petitioner has a grievance against the respondents, he ought to have invoked the said clause.

3. A copy of the aforesaid document and another set of documents are handed over by learned counsel for the respondents with copies furnished to the other side and taken on record.

4. Learned counsel for the petitioner states that the aforesaid Agreement dated 7.2.2014 was never furnished to the petitioner, though he had signed it and the averments to the said effect have been made in para L of the grounds of appeal taken in the petition. He further states on instructions that in view of the fact that there is an arbitration clause governing the parties, the petitioner may be granted leave to withdraw the present petition, while reserving his right to raise the disputes, subject matter of the present petition before the Arbitral Tribunal, in accordance with law.

5. Leave, as prayed for, is granted. The petition is dismissed as withdrawn. (HIMA KOHLI) DECEMBER 18, 2014 JUDGE mk/rkb