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2018 Supreme(J&K) 854

TASHI RABSTAN
Balwan Singh – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioners:Mr. R.S. Thakur, Sr. Advocate with Mr. Pankaj Jamwal, Advocate

JUDGMENT :

1. The construction of the expression “subject to the condition that absorption of such employees shall not operate disadvantageously vis-a-vis the existing employees in the Power Development Department in the matter of seniority” figuring in the Government Order No.382-PDD of 1997 dated 16.12.1997 issued pursuant to the Cabinet Decision No.237/234 of 18th October, 1997, relating to winding up and dissolution of the Rural Electric Cooperative Society, Vijaypur (Samba), formed and established under the Government Order No.52-PDD of 1978, and directing absorption of its employees in the Power Development Department, will determine the question arising in this case as to whether the service of the employees of the aforesaid Society can be counted towards their retiral benefits, including pension, provident fund, gratuity, etc.

2. In the instant petition, the petitioners seek a direction to the respondents to count the period of their service rendered by them in the Rural Electric Cooperative Society Limited, Vijaypur (Samba), which was wound up and whose registration as a Cooperative Society with the Registrar Cooperative Societies at the instance of the Government was cancel











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