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12. Shri S.S. Ghate, learned advocate for the respondents/employees has submitted that the various Committees appointed by the petitioners have recommended absorption and regularization of the respondents/employees and there is no justification on the part of the petitioners/employer in not granting regularization and permanency to the respondents/employees.

It is submitted that the contentions of the petitioners that the appointments of the respondents/employees were not made after following due procedure, cannot be considered by this Court in the writ petitions, as these contentions were not raised 18 wp2966.11 before the Industrial Court. It is further submitted that the argument that the University cannot be said to be an "industrial establishment" as contemplated by the Act of 1946 also cannot be considered by this Court, as this issue was not properly raised before the Industrial Court and the issue is required to be decided by the Industrial Court after considering the relevant factual aspects. In support of the submission, the learned advocate has relied on the following judgments :