JKSFC AND ORS Vs. SHOKET ALI AND ANR

JUDGEMENT

(1.) The petition is admitted for hearing and with consent of the learned counsel for the parties, the same is heard finally.

(2.) The respondent No.1, superannuated from the service of Jammu and Kashmir State Forest Corporation on 30.04.2013. It is the case of the petitioners that respondent No.1 as per the Jammu and Kashmir State Forest Service Regulations, 1981 framed under J & K State Forest Corporation Act, 1978 was paid the gratuity which was due to him. It has also been averred that respondent No.1 accepted the amount of gratuity without any protest.

(3.) Learned counsel for the petitioners while inviting the attention of this court to Section 1(2) of the Act, submitted that the provisions of the Act do not apply to the plantations or ports insofar as it pertains to State of Jammu and Kashmir. However, the aforesaid aspect of the matter has not been appreciated by the Controlling Authority while passing the impugned order.