Karnataka High Court
Akkamahadevi Mahila University And Anr vs Priya D/O Raju Kamble on 12 November, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2025:KHC-K:6759
WP No. 202779 of 2022
C/W WP No. 201945 of 2023
WP No. 201962 of 2023
HC-KAR AND 6 OTHERS
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
WRIT PETITION NO. 202779 OF 2022 (L-ID)
C/W
WRIT PETITION NO. 201945 OF 2023 (L-ID)
WRIT PETITION NO. 201962 OF 2023 (L-ID)
WRIT PETITION NO. 201963 OF 2023 (L-ID)
WRIT PETITION NO. 201966 OF 2023 (L-ID)
WRIT PETITION NO. 201981 OF 2023 (L-ID)
WRIT PETITION NO. 201991 OF 2023 (L-ID)
WRIT PETITION NO. 202017 OF 2023 (L-ID)
WRIT PETITION NO. 202027 OF 2023 (L-ID)
Digitally signed by
SHIVALEELA
DATTATRAYA
UDAGI IN WP.NO.202779/2022:
Location: HIGH
COURT OF
KARNATAKA BETWEEN:
1. AKKAMAHADEVI MAHILA UNIVERSITY,
VIJAYAPURA-586101,
REPRESENTED BY ITS VICE CHANCELLOR.
2. KARNATAKA STATE AKKAMAHADEVI
WOMEN'S UNIVERSITY, VIJAYAPURA-586101,
REPRESENTED BY ITS REGISTRAR.
...PETITIONERS
(BY SRI RAVINDRA REDDY, ADVOCATE)
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HC-KAR AND 6 OTHERS
AND:
PRIYA D/O RAJU KAMBLE,
AGE:27 YEARS, OCC: NIL,
R/O. RANI BAGICHA, CMC COLONY,
STATION ROAD, VIJAYAPURA-586101.
...RESPONDENT
(BY SRI P. VILAS KUMAR, SENIOR COUNSEL FOR
SRI NITESH PADIYAL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ,A) TO
ISSUE WRIT OF CERTIORARI QUASHING THE AWARD PASSED
IN REFERENCE NO.6/2020 DATED 07-02-2022 BY THE LABOUR
COURT AT VIJAYAPURA, VIDE ANNEXURE-A. B) TO ISSUE WRIT
OR ORDER OR DIRECTION DEEMED FIT TO THIS HON'BLE
COURT IN THE CIRCUMSTANCE OF THE CASE.
IN WP.NO. 201945/2023:
BETWEEN:
1. AKKAMAHADEVI MAHILA UNIVERSTIY,
VIJAYAPURA - 586 101,
REPRESENTED BY ITS VICE CHANCELLOR.
2. KARNATAKA STATE AKKAMAHADEVI
WOMEN'S UNIVERSITY,
VIJAYAPURA - 586 101,
REPRESENTED BY ITS REGISTRAR.
...PETITIONERS
(BY SRI RAVINDRA REDDY, ADVOCATE)
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WP No. 202779 of 2022
C/W WP No. 201945 of 2023
WP No. 201962 of 2023
HC-KAR AND 6 OTHERS
AND:
RAVI S/O PUNAJI KAMBLE,
AGE: 39 YEARS, OCC: NIL,
R/O.RANI BAGICHA, CMC COLONY,
STATION ROAD, VIJAYAPURA - 586101.
...RESPONDENT
(BY SRI P. VILAS KUMAR, SENIOR COUNSEL FOR
SRI NITESH PADIYAL ,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYINGTO A) TO
ISSUE WRIT OF CERTIORARI QUASHING THE AWARD PASSED
IN REFERENCE NO.16/2020 DATED 07.02.2022 BY THE
LABOUR COURT AT VIJAYAPURA, VIDE ANNEXURE-A. B) TO
ISSUE WRIT OR ORDER OR DIRECTION DEEMED FIT TO THIS
HON'BLE COURT IN THE CIRCUMSTANCES OF THE CASE.
IN WP.NO. 201962/2023:
BETWEEN:
1. AKKAMAHADEVI MAHILA UNIVERSTIY,
VIJAYAPURA-586101,
REPRESENTED BY ITS VICE CHANCELLOR.
2. KARNATAKA STATE AKKAMAHADEVI
WOMEN'S UNIVERSITY,
VIJAYAPURA - 586 101,
REPRESENTED BY ITS REGISTRAR.
...PETITIONERS
(BY SRI RAVINDRA REDDY, ADVOCATE)
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WP No. 202779 of 2022
C/W WP No. 201945 of 2023
WP No. 201962 of 2023
HC-KAR AND 6 OTHERS
AND:
SMT. ASHA W/O RAVI KAMBLE,
AGE: 45 YEARS, OCC: NIL,
R/O. RANI BAGICHA, CMC COLONY,
STATION ROAD, VIJAYAPURA - 586 101.
...RESPONDENT
(BY SRI P. VILAS KUMAR, SENIOR COUNSEL FOR
SRI NITESH PADIYAL ,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE ORDER AS FOLLOWS. A) TO ISSUE WRIT OF
CERTIORARI QUASHING THE AWARD PASSED IN REFERENCE
NO. 15/2020 DATED 07.02.2022 BY THE LABOUR COURT AT
VIJAYAPURA, VIDE ANNEXURE- A. B) TO ISSUE WRIT OR
ORDER OR DIRECTION DEEMED FIT TO THIS HON'BLE COURT
IN THE CIRCUMSTANCES OF THE CASE.
IN WP.NO. 201963/2023:
BETWEEN:
1. AKKAMAHADEVI MAHILA UNIVERSTIY,
VIJAYAPURA - 586 101,
REPRESENTED BY ITS VICE CHANCELLOR.
2. KARNATAKA STATE AKKAMAHADEVI
WOMEN'S UNIVERSITY,
VIJAYAPURA - 586 101,
REPRESENTED BY ITS REGISTRAR.
...PETITIONERS
(BY SRI RAVINDRA REDDY, ADVOCATE)
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WP No. 202779 of 2022
C/W WP No. 201945 of 2023
WP No. 201962 of 2023
HC-KAR AND 6 OTHERS
AND:
SMT. KASTURI W/O RAJU KAMBLE,
AGE: 45 YEARS, OCC: NIL,
R/O. RANI BAGICHA, CMC COLONY,
STATION ROAD, VIJAYAPURA - 586101.
...RESPONDENT
(BY SRI P. VILAS KUMAR, SENIOR COUNSEL FOR
SRI NITESH PADIYAL ,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
TO ISSUE WRIT OF CERTIORARI QUASHING THE AWARD
PASSED IN REFERENCE NO. 14/2020 DATED 07.02.2022 BY
THE LABOUR COURT AT VIJAYAPURA VIDE ANNEXURE-A. B) TO
ISSUE WRIT OR ORDER OR DIRECTION DEEMED FIT TO THIS
HON'BLE COURT IN THE CIRCUMSTANCES OF THE CASE.
IN WP.NO. 201966/2023:
BETWEEN:
1. AKKAMAHADEVI MAHILA UNIVERSTIY,
VIJAYAPURA - 586 101,
REPRESENTED BY ITS VICE CHANCELLOR.
2. KARNATAKA STATE AKKAMAHADEVI
WOMEN'S UNIVERSITY, VIJAYAPURA - 586101,
REPRESENTED BY ITS RGISTRAR.
...PETITIONERS
(BY SRI RAVINDRA REDDY, ADVOCATE)
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WP No. 202779 of 2022
C/W WP No. 201945 of 2023
WP No. 201962 of 2023
HC-KAR AND 6 OTHERS
AND:
KAILASH S/O DIVAKAR HATANGALE,
AGE: 39 YEARS, OCC: NIL,
R/O. RANI BAGICHA, CMC COLONY,
STATION ROAD, VIJAYAPURA- 586 101.
...RESPONDENT
(BY SRI P. VILAS KUMAR, SENIOR COUNSEL FOR
SRI NITESH PADIYAL ,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
A) TO ISSUE WRIT OF CERTIORARI QUASHING THE AWARD
PASSED IN REFERENCE NO. 10/2020 DATED 07.02.2022 BY
THE LABOUR COURT AT VIJAYAPURA, VIDE ANNEXURE- A. B)
TO ISSUE WRIT OR ORDER OR DIRECTION DEEMED FIT TO
THIS HON'BLE COURT IN THE CIRCUMSTANCES OF THE CASE.
IN WP. NO. 201981/2023:
BETWEEN:
1. AKKAMAHADEVI MAHILA UNIVERSTIY,
VIJAYAPURA-586 101.
REPRESENTED BY ITS VICE CHANCELLOR.
2. KARNATAKA STATE AKKAMAHADEVI
WOMEN'S UNIVERSITY,
VIJAYAPURA- 586 101,
REPRESENTED BY ITS REGISTRAR.
...PETITIONERS
(BY SRI RAVINDRA REDDY, ADVOCATE)
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WP No. 202779 of 2022
C/W WP No. 201945 of 2023
WP No. 201962 of 2023
HC-KAR AND 6 OTHERS
AND:
SAPNA D/O RAJU KAMBLE,
AGE: 25 YEARS, OCC: NIL,
R/O. RANI BAGICHA, CMC COLONY,
STATION ROAD, VIJAYAPURA - 586101
...RESPONDENT
(BY SRI P. VILAS KUMAR, SENIOR COUNSEL FOR
SRI NITESH PADIYAL ,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
TO ISSUE WRIT OF CERTIORARI QUASHING THE AWARD
PASSED IN REFERENCE NO.11/2020 DATED.07.02.2022 BY
THE LABOUR COURT AT VIJAYAPURA, VIDE ANNEXURE-A.
B) TO ISSUE WRIT OR ORDER OR DIRECTION DEEMED FIT TO
THIS HON'BLE COURT IN THE CIRCUMSTANCES OF THE CASE.
IN WP. 201991/2023:
BETWEEN:
1. AKKAMAHADEVI MAHILA UNIVERSTIY,
VIJAYAPURA - 586 101,
REPRESENTED BY ITS VICE CHANCELLOR.
2. KARNATAKA STATE AKKAMAHADEVI
WOMEN'S UNIVERSITY, VIJAYAPURA - 586101,
REPRESENTED BY ITS REGISTRAR.
...PETITIONERS
(BY SRI. RAVINDRA REDDY, ADVOCATE)
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HC-KAR AND 6 OTHERS
AND:
AJAY S/O RAMA HATANGALE,
AGE: 25 YEARS, OCC: NIL,
R/O. RANI BAGICHA, CMC COLONY,
STATION ROAD, VIJAYAPURA - 586 101.
...RESPONDENT
(BY SRI P. VILAS KUMAR, SENIOR COUNSEL FOR
SRI NITESH PADIYAL ,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
TO ISSUE WRIT OF CERTIORARI QUASHING THE AWARD
PASSED IN REFERENCE NO.9/2020 DATED 07-02-2022 BY THE
LABOUR COURT AT VIJAYAPURA, VIDE ANNEXURE-A; B) TO
ISSUE WRIT OR ORDER OR DIRECTION DEEMED FIT TO THIS
HON'BLE COURT IN THE CIRCUMSTANCES OF THE CASE.
IN WP. NO. 202017/2023:
BETWEEN:
1. AKKAMAHADEVI MAHILA UNIVERSTIY,
VIJAYAPURA - 586 101,
REPRESENTED BY ITS VICE CHANCELLOR.
2. KARNATAKA STATE AKKAMAHADEVI
WOMEN'S UNIVERSITY, VIJAYAPURA - 586101,
REPRESENTED BY ITS REGISTRAR.
...PETITIONERS
(BY SRI. RAVINDRA REDDY, ADVOCATE)
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HC-KAR AND 6 OTHERS
AND:
SMT. USHA W/O MOHAN LONDE,
AGE:33 YEARS, OCC: NIL,
R/O. RANI BAGICHA, CMC COLONY,
STATION ROAD, VIJAYAPURA - 586 101.
...RESPONDENT
(BY SRI P. VILAS KUMAR, SENIOR COUNSEL FOR
SRI NITESH PADIYAL ,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
TO ISSUE WRIT OF CERTIORARI QUASHING THE AWARD
PASSED IN REFERENCE NO.12/2020 DATED 07.02.2022 BY
THE LABOUR COURT AT VIJAYAPURA,VIDE ANNEXURE-A. B) TO
ISSUE WRIT OR ORDER OR DIRECTION DEEMED FIT TO THIS
HON'BLE COURT IN THE CIRCUMSTANCES OF THE CASE.
IN WP. NO. 202027/2023:
BETWEEN:
1. AKKAMAHADEVI MAHILA UNIVERSTIY,
VIJAYAPURA, VIJAYAPURA - 586 101,
REPRESENTED BY ITS VICE CHANCELLOR.
2. KARNATAKA STATE AKKAMAHADEVI
WOMEN'S UNIVERSITY,
VIJAYAPURA - 586 101,
REPRESENTED BY ITS REGISTRAR.
...PETITIONERS
(BY SRI. RAVINDRA REDDY,ADVOCATE)
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AND:
SMT. TARA
W/O SURESH MANGARBWADI,
AGE:36 YEARS, OCC: NIL,
R/O. RANI BAGICHA,
CMC COLONY,
STATION ROAD,
VIJAYAPURA - 586101.
...RESPONDENT
(BY SRI P. VILAS KUMAR, SENIOR COUNSEL FOR
SRI NITESH PADIYAL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
TO ISSUE WRIT OF CERTIORARI QUASHING THE AWARD
PASSED IN REFERENCE NO. 13/2020 DATED 07.02.2022 BY
THE LABOUR COURT AT VIJAYAPURA VIDE ANNEXURE- A. B)
TO ISSUE WRIT OR ORDER OR DIRECTION DEEMED FIT TO
THIS HONOURABLE COURT IN THE CIRCUMSTANCES OF THE
CASE.
THESE PETITIONS, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) The petitioner-University being the common in all these writ petitions, respondents-Workmen are the employees whose termination has been put in issue, these writ petitions are taken up for analogous hearing and disposal as they give rise to common questions of fact and law.
2. The petitioner-University is before this Court in these writ petitions being aggrieved by the order dated 07.02.2022 on the file of the Presiding Officer Labour Court, Vijayapura (for short, 'the Labour Court') in Reference No.6/2020. In terms of which while allowing the petitions filed by the respondents-Workmen under Section 10(1)(C) of the Industrial Disputes Act, 1947 (for short, 'the I.D.Act') the Labour Court has declared the oral termination of the services of its employees made by petitioner-University on 02.02.2017 as null and void. The petitioner-University has been further directed to reinstate
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the respondents-Workmen into service with full back wages and with continuity of service of petitioner- University from 02.02.2017.
3. The aforesaid reference-petitions were filed by the respondents-Workmen herein under Section 10(1)(C) of the I.D.Act, contending inter alia that they were initially appointed by the petitioner-University herein as Sweepers on daily wages effective from the year 2013 and that they continued to work diligently and sincerely till their services were illegally terminated on 02.02.2017 without any valid reasons.
4. That the respondents-Workmen had served more than 240 days during 12 calendar months as contemplated under Section 25(B) of the I.D.Act. As such, it was imperative on the part of the petitioner-University to have complied with the mandatory requirement of provisions of Section 25(F)(a)(b)(c) of the I.D.Act. As such, the action of the petitioner-University in terminating
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the services of the respondents-Workmen amounts to retrenchment within the meaning of Section 2(O.O) of the I.D.Act. Hence, the respondents-Workmen herein sought for declaration that the termination dated 02.02.2017 was null and void and for consequent relief of reinstatement with fruitful back wages.
5. The petitioner-University filed its written statement/objections to the main petition contending that the petitioner-University was not an industry as per Section 2(j) of the I.D.Act, therefore, reference-petitions were not maintainable. It is contented that the respondents-Workmen served under the petitioner- University as "Safayee Karmachari" on daily wage basis. That they were not terminated from service, but had voluntarily submitted their letter dated 02.06.2017 intending quit as they were unable to carryout the work entrusted to them. That there is no sanction post of 'Safayee Karmachari'. As such, the question of granting relief of reinstatement or continuity of service as sought
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for would not arise. The claim of the respondents- Workmen of they having continued to work for 240 days during 12 calendar months had also been denied.
6. Based on the pleadings, the Labour Court framed the following issues for its consideration (same issues and addl. issues in all references) :
1. Whether the petitioner proves that the dispute is an industrial dispute?
2. What order?
Addl. Issue
1. Whether oral removal of the petitioner by the respondent from 02.02.2017 without giving any notice from the service is justifiable?
2. Whether the petitioner is entitled for the reliefs sought in the petition?
7. Evidence were led by the respective parties. Respondents-Workmen examined themselves as PW.1 and got marked 7 (seven) documents as Exs.P1 to P7 and one Prof.Dr.R.Sundandamma, the Registrar of petitioner- University was examined as RW.1 and got marked 3 (three) documents as Exs.R1 to R3.
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8. On consideration of pleadings and the evidence led the Labour Court had answered the issues raised in the affirmative holding that there existed relationship of employer and employee and the petitioner-University herein, being the industry, the reference-petitions were maintainable and consequently allowed the petitions by its award dated 07.02.2022 as noted above. Being aggrieved by the same, the petitioner-University is before this Court.
9. Learned counsel Sri.Ravindra Reddy, at the outset submits that the Labour Court failed to appreciate the fact that the petitioner-University had engaged the services of the respondents-Workmen through a contractor and they had no relationship of employer and employee. He submits that there was no control or supervision by the petitioner-University over the respondents-Workmen. This elementary requirement has been ignored by the Labour Court.
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10. He refers to a Memo dated 06.09.2022
produced in all these writ petitions along with three documents, namely,
1) Agenda of Syndicate Proceedings dated 04.08.2011;
2) Syndicate Proceedings;
3) List of Karmacharis as per Tender contract placed before the Syndicate.
11. Referring to said documents, learned counsel submits that as far back as on 04.08.2011, a resolution was passed by the petitioner-University, proposing to engage the services of certain Sri.S.G.Hallur and in furtherance thereof, he was awarded the tender contract. Consequently, the said S.G.Hallur, supplied the respondents-Workmen for Safayee Karmachari on daily wage basis. He submits that the said aspect of the matter has not been taken into consideration by the Labour Court while arriving at a conclusion of there being a relationship of employer and employee between the petitioner- University and the respondents-Workmen. He submits that
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since the respondents were engaged through the
contractor, they cannot claim to be reinstated with back wages and continuity of services.
12. He further submits that even if the termination held to be void, the petitioner-University is ready and willing as an alternate remedy to pay amount, as one time compensation instead of reinstatement. Hence, seeks for allowing of the writ petitions.
13. In support of his contentions, he relies upon the following judgments;
(1) Lenin Kumar Ray vs. M/s Express Publications (Madurai) Ltd reported in AIR Online 2024 SC 689;
(2) Deputy Executive Engineer vs. Kuberbhai Kanjibhai reported in AIR 2019 SC 517;
(3) The Managing Director and Others vs.
Sri.N.Devaraj and Others in
W.A.No.1312/2021 DD:06.02.2023.
14. Learned Senior Counsel appearing for the respondents-Workmen on the other hand submits that the petitioner-University had taken inconsistent stand before
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the Labour Court. While initially it contended that the respondents-Workmen were employed as daily wage employees, who themselves had voluntarily resigned from the employment, subsequently the petitioner-University contended they not being its employees.
15. That the Labour Court on appreciation of documentary and oral evidence, has come to categoric conclusion of petitioner-University being the employer and the respondents-Workmen being employees, which finding is since based on the material evidence cannot be interfered with. That admittedly respondents-Workmen were working as daily wage employees and their reinstatement would restore the status quo ante with all the benefits, which they are entitled to. He submits that even after the order of the Labour Court, the petitioner- University has not complied with the statutory requirement of Section 17(B) of the Act.
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16. He also files a Memo dated 11.11.2025 along with an office order issued by the petitioner-University and submits that the petitioner-University now has called upon the respondents-Workmen to rejoin the work as Safayee Karmachari. As such, the conduct of the petitioner- University estops them from pursuing the present writ petitions, but to comply with the order passed by the Labour Court.
17. In support of his contentions, he relies upon the following judgments:
(1) Devinder Singh vs. Municipal Council, Sanaur reported in AIR 2011 SC 2532;
(2) H.M.P.Cements Ltd. And another vs. Karnataka Electricity Board and others reported in ILR 2007 Kant 1928 (KAR);
(3) Management of State Bank of India vs. V.M.Mahapurush reported in 1994 (69)FLR 1051.
18. Heard. Perused the records.
19. The vehement submissions now being urged by the learned counsel for the petitioner-University is non-
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consideration of the case of the petitioner-University, namely, respondents-Workmen being engaged by the petitioner-University through one independent contractor.
20. Perusal of written statement cum objections to the main petition filed by the petitioner-University before the Labour Court in the reference proceedings would indicate that no such ground has been taken by the petitioner-University. Paragraph No.4 of the written statement/objections is extracted hereunder:
"4. The averments made in the petition para 2 are denied that petitioner was initially appointed as a sweeper on daily wages since 2013. It is false that the petitioner was working in the respondent University honestly and satisfactorily, as well an uninterruptedly and continuously, till she was arbitrarily and wrongly terminated orally from services on 02.02.2017, without any valid reasons. It is submitted, the petitioner has served under respondent University as "Safaee Karmachari" (for bath rooms and toilet cleaning), on daily wages under hand receipt payments (Form no.PWG-34). She and other ten persons were not terminated by the respondent University, but they voluntarily submitted letter dtd:02.06.2017, as they are unable to carry out the work entrusted to them, any further and stopped attending the duties. Since then
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onwards they did not turn to university for attending their duties."
21. During the cross-examination, certain suggestions have been made to the witnesses regarding their services having been engaged through a contractor, which has been stoutly denied.
22. Management witness has categorically admitted that on and after 2013, the petitioner-University has been crediting the salaries of the respondents-Workmen directly into their Bank Accounts.
23. These pleading and the evidence on record persuaded the Labour Court to conclude the existence of relationship of employer and employees between petitioner-University and the respondents-Workmen. The said finding or conclusion based on the pleading and evidence led by the parties, in the absence of any perversity or illegality being pointed out cannot be interfered in the writ proceedings.
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24. As regards the documents now sought to be relied upon by the learned counsel for the petitioner- University is concerned, there is no application filed seeking production of the said documents or providing any explanation of they not being able to produce the said documents before the Labour Court.
25. That apart, it is settled principle of law that in the absence of pleading no amount of evidence/proof is admissible. Since there is no whisper in the written statement/objections by the petitioner-University regarding respondents-Workmen having been engaged as "Safaee Kamachari" through a contractor, even if the said documents did exist, the same are of no use in the absence of pleading. The purpose of this is not far to seek. Such pleadings would have afforded opportunity for the respondents-Workmen to counter the same. At this belated stage, this Court refrains from relying upon the same as sought to be insisted by the learned counsel for the petitioner-University.
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26. Reliance placed on by the learned counsel for the petitioner-University on to the judgment of the Apex Court in the case of Kuberbhai Kanjibhai (supra) is of no avail inasmuch as the facts involved in the said matter was that the workman who had worked as a daily wager had raised the dispute before the Labour Court after 15 years of alleged termination. It is under the said circumstances, the Apex Court had accepted the plea of lump sum amount being paid as the just compensation.
27. In the case of Lenin Kumar Ray (supra), the issue was with regard to appointment of a Junior Engineer who was promoted as Assistant Engineer on the administrative side and on termination, the said employee had accepted the cheque paid towards one month's salary in lieu of notice. It is under thus said circumstances, the Apex Court affirmed the order of the High Court insofar as the award being set aside to reinstate the employee in service and to pay the compensation of Rs.75,000/- in lieu of bank wages.
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28. As regards the order of the Division Bench of this Court in the case of N.Devaraj (supra), the said appeal was by the Management against the order of the learned Single Judge, which had directed for payment of compensation of Rs.3,00,000/- on account of full and final settlement of their claim. The writ petition in the said proceedings had been filed by the workman, whose reference had been answered against the workman.
29. The facts narrated above in the instant case are completely different and distinct from the one involved in the aforesaid orders and judgment relied by the learned counsel for the petitioner-University.
30. Learned counsel for the petitioner-University at the juncture submits that the order of the Labour Court directing for the back wages and continuity of service may not apply in the instant case inasmuch as the petitioners were daily wage employees and would be entitled only against the work done.
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31. Learned Senior Counsel fairly submits that between the period from 2017 till passing of award by the Labour Court reinstating them, they may not be entitled for wages as they did not work.
32. The submission taken on record.
33. With the above observations, the writ petitions are dismissed.
Sd/-
(M.G.S.KAMAL) JUDGE SDU LIST NO.: 1 SL NO.: 17 CT:PK