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1991 Supreme(J&K) 2

R.P.SETHI
Ab. Majid Khan – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: T.S.Thakur
Advocate For Appellant: K.S. Johal
Advocate For Respondent: R.C. Gandhi
Advocate For Respondent: S.K. Anand

1. Holding the trade union activities of the petitioners to be prejudicial to the interests of the State the respondent-State terminated the services of the petitioners vide various orders passed in the year 1975, The petitioners remained out of service till 25-4-1990 when they were reinstated after realising that their activities were not prejudicial to the interests of the State It has been prayed by the petitioners that the original order of terminating their services be quashed alongwith the order impugned reinstating them in so far and to the extent the same deprives them of seniority, pension, increments, leave, salary, allowances and other benefits for the period between the date of their dismissal to the date of their reinstatement.

2. The important facts for determining the controversy in the instant case are: that the petitioners are the office bears and active members of the low paid employees and claim to be instrumental in establishing the organisation known as "J&K Low Paid Employees Federation" (hereinafter referred to as the Federation) in the year 1956. Petitioner Abdul Majid Khan is the Chairman of the federation whereas the other petitioners are office bearers.





































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