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2021 Supreme(SC) 645

AJAY RASTOGI, ABHAY S.OKA
K. V. Anil Mithra – Appellant
Versus
Sree Sankaracharya University of Sanskrit – Respondent


Advocates Appeared:
For the Appellant(s) :M.T. George, Susy Abrahm, Johns George, K. Rajeev, Advocates
For the Respondent(s):R.Basant, E. M. S. Anam, K. Rajeev, M. T. George, Susy Abrahm, Johns George, Advocates

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 ord

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