J&K INDUSTRIES EMPLOYEES ASSOCIATION Vs. STATE AND ORS.

JUDGEMENT

(1.) THE issue involved in all the petitions above numbered is almost identical. Benefit of Government Order No. 219 -Ind of 2002 dated 8.8.2002 is claimed to be extendable directly/in directly to the petitioners of all the petitions. The said order reads as under:

(2.) On 8.10.1963 Governor issued instructions whereunder some Industrial undertaking of the State Government were notified to be entrusted to the company in pursuance of Clause III (a) of the 'Memorandum of Association' of the company. The company framed its own rules known as 'Jammu & Kashmir Industries Employees Service Rules and Regulations'. Despite that the employees both appointed by the Government prior to 1963 i.e. prior to the date of incorporation of the Industrial units as company as well as the Corporation born employees, were continued to be given benefits of Revision of grade and dearness allowance at par with other Government Servants of the State. It continued till 1979.

(3.) In the year 1979 Committee was set up for examining the wage structure of employees of the Corporation. Committee known as 'Rajan Committee' submitted its report in the year 1980, which was accepted by the Government on 22.4.1980. Thereafter Governor issued order dated 26.4.1980, pursuant to which company issued order dated 8.5.1980, relating to costs of living allowance and fixation of wages, an another order dated 10.11.1980 was issued seeking to lay down that the leave of Regular employees of the company shall be as per 'Factory Act' and not as per Leave rules of the corporation. The employees were aggrieved of these orders, as these orders have the effect of denying the employees of the J & K Industries Limited parity of service conditions as of Government employees.