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.;