Union Territory Of J&K And Ors vs All J&K Workers Union Srtc And Anr
2021 Latest Caselaw 360 j&K/2

                                                                      Sr. No.110

           IN THE HIGH COURT OF JAMMU AND KASHMIR
                         AT SRINAGAR


    CJ Court

    Case: LPA No.39/2021, Caveat No.103/2021

    Union Territory of J&K and Ors.                 ...Petitioner(s)/Appellants.
              Through: Mr. H. Aman Ali, Advocate.
                                        Vs.

    All J&K Workers Union SRTC and anr.                      ....Respondent(s)
              Through: Mr. Sameer Hassan, Advocate, for no.1.
                       Mr. Moomin Khan, Advocate, for no.2.

    CORAM:
    HON'BLE THE CHIEF JUSTICE
    HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

                                    ORDER

29.03.2021

Caveat discharged.

The Union Territory of J&K and others have preferred this appeal against the order/judgment dated 27th Januar, 2021 of the Writ Court, whereby directions have been issued to grant retiral benefits including pension, gratuity etc., on par and on the analogy of the section of the employees of the Corporation who were earlier employees of the GTU and had opted for the service of the Corporation.

The submission of Mr. Hakim Aman Ali, learned counsel for the appellants, is that members of the respondent association are those employees who were directly employed with the Corporation between 1976 to 1980 and were never the employees of the erstwhile GTU. Therefore, they stand on a different footing and would be covered by their own service regulations which

do not provide for retiral benefits, as such, the Writ Court erred in law in treating them at par with erstwhile employees of the GTU who have opted for the services of the Corporation.

Issue notice to the respondents.

Mr. Samee Hassan, Advocate, accepted notice on behalf of respondents

1. He may seek instructions and, if necessary, file response.

Service of notice upon respondent no.2 is dispensed with as it is a formal party.

List for admission/ final disposal on 28th June, 2021.

Any benefit accorded to the members of respondent no.1, on the basis of the impugned judgment, would be subject to the decision of this appeal.

                                 (VINOD CHATTERJI KOUL)                      (PANKAJ MITHAL)
                                               JUDGE                         CHIEF JUSTICE
                Srinagar
                29.03.2021
                Abdul Qayoom, PS





ABDUL QAYOOM LONE
2021.03.31 10:41
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