JUDGMENT :

RAVI NATH TILHARI, J.

1. Sri V.R.N. Prasanth, learned standing counsel for Tirumala Tirupati Devasthanams (TTD) for the petitioners was heard on 18.07.2022. None appeared for the respondent to argue the matter nor there was any request made. On 13.07.2022 also none appeared for the respondent. The writ petition pertains to the year 2013. The judgment was reserved.

2. The petitioners have filed this writ petition under Article 226 of the Constitution of India for the following reliefs:

“.......it is prayed that this Hon'ble Court may be pleased to call for the records from the Industrial Tribunal-cum-Labour Court, Ananthapur in I.D. No. 218 of 2010 and issue an appropriate Writ, Order of Direction, particularly one in the nature of Writ of Certiorari and quash the Award passed by the Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court, Anantapur in I.D. No. 218 of 2010, dated 06.07.2012, published vide G.O.Rt. No. 1029, dated 28.08.2012, holding the same as illegal, unjust, contrary to law, arbitrary, perverse and without jurisdiction, and pass such other order or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. Ms. K. Vijaya the respondent herein filed an application under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short “the I.D. Act”) alleging that her services were orally terminated by T.T.D. the petitioners herein on 01.09.1988 amounting to retrenchment but without following the procedure under Sections 25(F), (G), 78 and 79 of the I.D. Act. She prayed for reinstatement with continuity of service, the back wages and other attendant benefits. It was registered as I.D. No. 218 of 2010 before the Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court, Anantapur (in short, the Tribunal). The same was allowed in part vide the impugned award dated 06.07.2012, setting aside the oral termination dated 01.09.1988 and directing the petitioners to reinstate her into service with continuity of service. The back wages and attendant benefits were however denied on the principle of no work no pay.

4. Challenging the award dated 06.07.2012 the present writ petition has been filed to the extent it is against the petitioners.

5. It was the case of the respondent in I.D. No. 218 of 2010 that she was appointed as Scavenger/Sanitary Worker from 01.01.1974 by T.T.D. and was discharging her duties continuously to the utmost satisfaction of her superiors. She had worked for more than 240 days in a period of 12 calendar months to be counted backward from the date of termination. Though she was entitled for regularization of her services from the date of joining but her services were orally terminated w.e.f. 01.09.1988 without giving one month notice or wages in lieu of the notice period.

6. The respondent and others filed W.P. No. 4220 of 1990 along with W.P.M.P. No. 5408 of 1990 therein, upon which this court issued interim order dated 29.03.1990 directing the T.T.D. to consider her case, if there was any vacancy. Later on, writ petition was disposed of finally with direction that “if the petitioner succeeded in making out their claims by production of proofs or verification by the respondent their claims will be considered along with others, who are sponsored for regular employment.” The cases were examined and the services of the persons, who worked continuously during the period from 01.01.1979 to 31.03.1988 and continued to be on the rolls of the T.T.D. were absorbed and regularized in terms of the G.O.Ms. No. 296 dated 19.04.1988. The case of the respondent was rejected vide proceedings Roc. No. B7/15547/1990 dated 23.02.1993 as she herself stayed away from T.T.D. on her own and did not fall under the purview of the G.O.Ms. No. 296, which provided for absorption and regularization of those workmen only.

7. The respondent filed another W.P. No. 21698 of 2007 along with four other workmen for a direction to consider their cases for appointments as