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2024 Supreme(J&K) 129

M. A. CHOWDHARY
Ghulam Mohammad Khar, S/o. Abdul Gaffar Khar – Appellant
Versus
J. & K. Industries Limited, Through its Managing Director – Respondent


Advocates Appeared:
For the Petitioners: Mr. M.A. Chashoo.
For the Respondents: Mr. Mubashir Majid Malik.

JUDGMENT :

1. By medium of the present Petition, the Petitioners are seeking a direction upon the Respondents to grant them pensionary and other retiral benefits, being the legal heirs of ex-employees of the Government Joinery Mills Pampore (a Unit of J&K Industries Limited, Srinagar), as has been granted in favour of the Petitioners in Writ Petitions bearing SWP No. 275/2006 titled ‘Ab. Gani Hajam & Ors. v. State of J&K’; SWP No. 1492/2006 titled as ‘Santosh Kumari v. State & Ors.’; and SWP No. 1000/2005 titled ‘Syed Ahmad Bahaki & Ors. v. State & Ors.’ A direction is also sought upon the Respondent No.1 to calculate the pensionary and other retiral benefits to which the deceased employees are entitled through their legal heirs/dependents. The Petitioner No.1 claims to be the son and legal heir of one Late Ab. Gaffar Khar (ex-Gardener), whereas the Petitioner No.2 claims to be the son and legal heir of Gh. Hassan Shah (ex-Santry), and after their death during the present proceedings, their legal heirs were brought on record.

2. The Petitioners contend that the erstwhile State of J&K, under its executive powers to carry the business and trade under Article 298 of the Constitution

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