ALL J&K WORKERS UNION SRTC Vs. STATE

JUDGEMENT

(1.) The present petition has been preferred by All Jammu and Kashmir Workers Union representing the employees of the State Road Transport Corporation. A writ of mandamus is sought by the petitioner-Union directing the respondents to release the arrears of COLA(Cost of Living Allowance) in favour of those whose names figure in the documents forming Annexure-A to the petition. The period for which the COLA is sought to be released is from the year 1999 till 2012.

(2.) The material facts of the instant case are as under:-

(3.) Some of the members of the petitioner's Union came to be engaged in the erstwhile Government Transport Undertaking (GTU). Subsequently it appears that the State Road Transport Corporation came to be set up and the employees working in the GTU were sent on deputation to work in the State Road Transport Corporation(SRTC). The Government, then, issued an Order No.25- TR of 1979 dated 27.03.1979 giving an option to such employees. With a view as to what precisely was the option given, the relevant clauses of the Government order supra is reproduced hereunder:-