JUDGMENT :

1. By this common judgment, two writ petitions, one bearing SWP No. 1539/2003 and the other bearing SWP No. 955/2004 are proposed to be decided together. Though issues involved in these two writ petitions are different but the parties to the same are identical.

2. Vide writ petition SWP No. 1539/2003 filed by J&K Projects Construction Corporation Workers Association, challenge has been thrown to Rule 5(II) of the J&K Projects Construction Corporation Limited (hereinafter to be referred as the JKPCC) Gratuity Rules on the ground that the same is contrary to Section 4(3) of the Payment of Gratuity Act, 1972. A further direction has been sought upon the respondents to implement the provisions of Section 4(3) of Payment of Gratuity Act, 1972 and extend the benefit of the said provision with retrospective effect.

3. Vide SWP No. 955/2004, the petitioner-Association has sought a direction upon the respondents to extend the benefit of Rules 37 and 38 of the J&K Civil Services (Leaves Rules), 1979 to the employees of JKPCC Limited and to make payment of cash equivalent to leave s