JUDGMENT :

Rastogi, J.

1. The instant appeals have been preferred against the judgment and order dated 4th January, 2010 setting aside the Award passed by the Industrial Tribunal dated 14th November, 2005 answering the reference in affirmative terms holding the termination of the appellants-workmen to be void being in violation of Section 25F of the Industrial Disputes Act, 1947(hereinafter being referred to as the “Act 1947”) with a direction of treating the workmen deemed to be in service till their services are validly terminated with 50% back wages.

2. The brief facts culled out and relevant for the purpose are that the 1st respondent-University was established by an Ordinance viz. Sree Sankaracharya University of Sanskrit Ordinance, 1993. The appointments of non-teaching staff in different categories, viz., Watchman, Attenders, Peons, Sweepers, Assistant Cooks, Assistant Matrons, Drivers, Helpers, Waiters, Gardeners, Clerical Assistants were made at different points of time on daily wage basis during the period 1993-1995 under the orders of the then Vice Chancellor.

3. Their services came to be regularized by the 1st respondent giving them the status of regular employees by an order dated 7th May, 1996. It appears that as some objections were raised questioning the manner in which the regularisation had taken place, the 1st respondent by a later order dated 24th March, 1997 de-regularised the non-teaching staff/employees and in consequence thereof, their services came to be terminated. So far as the order of de-regularisation passed by the 1st respondent dated 24th March, 1997 is concerned, it has attained finality after the Division Bench of the High Court of Kerala has upheld the order of de-regularisation dated 24th March, 1997 taking note of the initial engagement as daily wager and the appointment being without going through the process of selection as prescribed under the scheme of University Ordinance recorded a finding that the order of de-regularisation passed by the authorities is valid and justified and left the question of non-observance of the provisions of the Act 1947 open to be examined in the appropriate proceedings known to law.

4. It may be further noticed that the grievance of the teaching and non-teaching staff was jointly examined by the Division Bench of the High Court while deciding the writ appeal under its common impugned judgment dated 23rd March, 2000. Para 10 of the judgment of the Division Bench of the High Court dated 23rd March, 2000 relevant for the purpose is reproduced as under :-

10. Other point raised related to non-observance of the requirements of the ID Act. As rightly observed by learned single Judge, same is not to be decided in Article 226 applications since appellants, if they are so advised and feel that they have a right under the ID Act, can approach the forum. This position was highlighted by apex Court in Basant Kumar Sarkar and Others Vs. Eagle Rolling Mills Ltd., (AIR 1954 SC 1200) and Rajasthan State Road Transport Corpn. Vs. Krishna, (JT 1005(4) SC 343).

5. The appellants raised an industrial dispute pursuant to which the appropriate Government made the reference order dated 8th April, 2003 for adjudication by the Industrial Tribunal as under:-

“Whether the de-regularization of regularized employees in the Annexure appended and their subsequent termination by the management of Sree Sankaracharya University of Sanskrit is legal and justifiable? If not what relief they are entitled to?”

6. It may be noticed that the nature of appointment as a daily wager was not the subject matter of reference and undisputedly, so far as the order of de-regularisation dated 24th March, 1997 is concerned, that was not open to be examined by the Tribunal pursuant to a reference made as it has attained finality by the judgment of the Division Bench of the High Court after recording a finding that the 1st respondent-University was justified in passing the order of de-regularisation of such employees w