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2012 Supreme(J&K) 677

M.M.KUMAR, MOHAMMAD YAQOOB MIR
State of J&K & Ors. – Appellant
Versus
Mushtaq Ahmad Sohail & Ors. – Respondent


Advocates Appeared:
M.I. Qadri, Advocate General, with Gagan Basotra, Sr. AAG , G. S. Thakur, GA. for the Appellant(s).
Mr. O. P. Thakur for the Respondent(s).

Per Yaqoob, J.;—

1. The appellants admittedly were employees of respondent no. 1 (Company). On 7-10-1988, were working as General Duty Clerk in its branch at Shalimar Road, Jammu. They allegedly consumed liquor in the office of the Company at Shalimar Road, Jammu on 07.10.1988. Under the influence of liquor so consumed while coming out of the said office allegedly started quarreling, which gave rise to nuisance on the Shalimar Road, near City Chowk, Jammu, as a result thereof, both were arrested under Section 36 of the Police Act and produced before the learned Chief Judicial Magistrate, Jammu. On conviction have been sentenced to pay fine of Rs. 50/each.

2. Respondent-Company placed the appellants under suspension. Thereafter requisite enquiry was conducted and finally their services were terminated. The appellants projected their grievances before the Conciliation Officer under the J&K Industrial Dispute Act, but failure of the conciliation culminated in referring the case to respondent no. 3. The termination orders have been quashed by Labour Court (respondent no. 3).

3. Dissatisfied with the order of respondent no. 3, respondent no. 1 company filed a Writ petition OWP No. 977/2002













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