TEJ KRISHAN Vs. STATE OF J&K

JUDGEMENT

(1.) BOTH these petitions can be dealt with under a common judgment since what arises for our consideration is the status of the petitioners as employees of the erstwhile Government Industrial Undertakings after the foundation of J&K Industries Ltd. i.e., respondent No. 2 Consequent upon the Government Order No.SR27 of 1962 dated 3 -101963, which reads: Sanction is accorded to the formation of a company under the J&K Companies Act 1977 for the running of the Industrial undertakings mentioned in the annexure to this order. The article and memorandum of Association of the said company as per annexures to this order, are also approved and it is directed that these be registered under the J&K Companies Act, 1977 . As a follow of action by order dated 08 -10 -1963, the Government entriested 15 Govt. Industrial undertakings to the respondent No.2 alongwith the assests and employees employed in these undertakings. Consequently, the petitioners and all those whose interest they claim to represent in these petitions stood appointed by transfer in the newly formed company after its incorporation under the Jammu & Kashmir companyâ„¢s Act, 1977.

(2.) THE case of the petitioners is that before the government industrial undertakings were transferred to the respondent company vide Govt order dated 08.10.1963, their service conditions were regulated under the J&K Service Regulations (hereinafter Service Regulations). As they were transferred to the respondent company without obtaining their option in terms of Article 207 of the Service Regulations, their status as Government servant has remained undisturbed, entitling them to all the service benefits available to a government servant.

(3.) MR . Sadiq, learned counsel appearing for the petitioners argued that the petitionersâ„¢ status as government servant could be determined only under Article 207 of the Service Regulations. Since they were transferred to the respondent company without obtaining their option, the order impugned does not effect their status as government servant and they continue to he governed by the Service Regulations.