Disputes arising under the National Institute of Technology, Science Education and Research Act, 2007 concerning contractual employment should be referred to arbitration per Section 29 of the Act, as upheld by the court.

JUDGMENT

Muralee Krishna S., J.

The respondents 1 and 2 in W.P.(C)No.15409 of 2025 have filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 07.07.2025 passed by the learned Single Judge in that writ petition.

2. Going by the averments in the writ petition, the 1^st respondent herein-petitioner was serving as Registrar of National Institute of Technology (NIT) Calicut and a retired officer of the Indian Navy in the rank of Commander. The NIT, Calicut, which is an autonomous institution under the Ministry of Education, Govt of India, notified the recruitment of Registrar on 20.09.2021. The 1^st respondent was still in naval service then and submitted his application, and pursuant thereto, he appeared for the selection process and an interview on 24.01.2022 at NIT, Calicut, on hybrid mode before a Selection Committee. Based on the recommendations of Selection Committee he was initially offered the post of Registrar, NIT Calicut for a term of five years on deputation in the scale of pay, fixed in the pay band 4 of Rs. 37400-67000 with grade pay of Rs. 10000/- as per the terms and conditions of a contract of service, which was to be executed between the 1^st respondent and the Director, NIT Calicut. This appointment was to take effect from the date of the 1^st respondent joining duty at NIT Calicut. The 1^st respondent was a serving naval officer, and hence his appointment as Registrar was initially sought on deputation for 5 years. However, the same was refused by the IHQ MoD (Navy) or Naval Headquarters. After repeated correspondence between the NIT, Calicut and the Naval HQ, a special arrangement was made between the two organisations, and eventually he was allowed to join on deputation for three months, followed by continuation on post upon Pre-Mature Retirement from the Navy. The Director, NIT, Calicut, duly accepted the proposition, and the 1^st respondent joined NIT, Calicut. The 1^st respondent’s performance was exceptional, and he, as Registrar, brought about noticeable changes in the functioning by introducing effective and transparent practices in NIT, Calicut, which were appreciated by one and all. However, in 2025, certain differences arose between the Director, NIT, Calicut and the 1^st respondent over a few official issues, especially financial management, administrative matters and recruitment procedures being implemented by the Director. Thereafter, the 1^st respondent is being harassed continuously through retributive actions in one or another manner. The 1^st respondent was put into pecuniary loss by way of illegally deducting the pension part, even though the contract did not provide for the same, and this issue has been referred to the Ministry of Education for clarification by the Director himself in an earlier correspondence. The 1^st respondent was threatened with the recovery of dearness relief, that too from retrospective effect. The statutory authority and powers vested in the Registrar, as per the provisions of the Act, Statutes, and relevant regulations, have been arbitrarily and unlawfully divested by the Director, NIT Calicut. A new post of Dean (Faculty and Student Welfare/FSW), which finds no sanction under the existing statutory framework, has been created in violation of the law, and the entire administrative authority and functional responsibilities of the Registrar have been irregularly conferred upon the said Dean. The 1^st respondent was served with a Show Cause Notice on 24.03.2025, seeking why his services as Registrar should not be terminated, and Dearness Relief paid to him should be recovered. His office was arbitrarily shifted from the main administrative block, and staff members have been expressly dissuaded, under threat, from visiting, co