Back
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M A CHOWDHARY, J
Dharmarth Trust J&K – Appellant
Versus
Industrial Tribunal & Anr. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash tribunal's award. (Para 1 , 2) |
| 2. challenges regarding tribunal's jurisdiction and the definition of industry. (Para 3 , 4 , 6 , 10 , 19) |
| 3. discussions on employee's classification under the law. (Para 12 , 18 , 21) |
| 4. examination of the trust's operational nature for classification. (Para 14 , 16) |
| 5. court reaffirms the award and dismisses the petition. (Para 23 , 24) |
ORDER
1. The petitioner, through the medium of this petition, under Article 226 of the Constitution of India, seeks quashment of order dated 09.09.2003 of the Industrial Tribunal, Jammu, whereby an award was passed in favour of the respondent No.2 namely Chand Ram, on a reference made to it by the Government of Jammu and Kashmir, vide SRO 13 dated 21.01.2003.
2. By virtue of the impugned order, the Tribunal held the termination of the services of the respondent no.2-Chand Ram illegal and quashed the termination order. The Tribunal also held the respondent no.2 to be in continuous service of the petitioner-Trust and entitled to receive back-wages to the extent of 50% from the date of his termination till the passing of the award, in favour of the respondent no.2.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
