Serial No. 13 Regular Cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 83/2025 in WP(C) No. 642/2022 Mohammad Yousuf Mir and Ors. ….. Appellant/petitioner(s) Through: - Mr. Sachin Dogra, Advocate with Mr. Sheikh Umar Farooq, Advocate V/s UT of J&K and Ors. ….. Respondent(s) Through: - CORAM: HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE (ORDER) 05.05.2025 01. This appeal filed by the appellants under clause 12 of the Letters Patent is directed against the Judgment and order dated 27.12.2024 passed by the learned Single Judge of this Court (Writ Court) in WP(C) No. 642/2022 titled Mohammad Yousuf Mir and Ors. Vs. UT of JK and Ors., whereby the writ Court has dismissed the writ petition filed by the appellants, seeking pensionary benefits from the J&K Handicrafts (S&E) Corporation. 02. The relevant facts leading to filing of this appeal can be summarized in the following manner:- “That the appellants were working as Piece Rated Workers in the Jammu and Kashmir Handicrafts (S&E) Corporation, [“the Corporation”] which was administered by the department of Industries and Commerce, Government of J&K. They continued to remain in the said position till their services were dispensed with. They claim that Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document they continued to hold the post of Piece Rated Workers in the Corporation till they were shown the door on payment of meagre amount. The appellants, on the grievance that they were not given any post retiral benefits, filed SWP No. 1951/2020, which was disposed of by learned Single Judge of this Court on 16.11.2020, directing the respondents to consider the representation of the appellants in accordance with rules. Yet another writ petition was filed by the similarly situated persons bearing WP(C) No. 54/2022, in which a similar interim order came to be passed on 14.01.2022. When the case of the appellants was not accepted by the respondents and they were denied the pensionary benefits, the appellants filed WP(C) No. 642/2022, which has been disposed of by the writ Court vide impugned order and Judgment dated 27.12.2024.” 03. The impugned Judgment is challenged by the appellants primarily on the ground that the writ Court has not appreciated that the persons similarly situated with the appellants, who were earlier working in the J&K Industries and had retired on superannuation or were given Golden Handshake were held entitled to pensionary benefits by the Hon’ble Supreme Court. 04. Learned counsel for the appellants took us through the Judgment passed by the Hon’ble Supreme Court in the case of Jawahir Lal Sazawal and Ors. Vs. State and Ors. 2002 (3) SCC 219 and Judgment passed by the learned Single Judge of this Court titled J&K Industries Employees Association Vs. State 2015 (1) JKJ 637. 05. Having heard learned counsel for the appellants and perused the material on record, we are of the considered view that the Judgment passed Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document by the writ Court is perfectly legal and does not call for any interference by us in this appeal. The writ Court has very correctly distinguished the appellants from those who were held entitled by the Hon’ble Supreme Court to the payment of pensionary benefits. The employees of the J&K Industries before the Hon’ble Supreme Court were the employees, who had been appointed in the various Government departments prior to the incorporation of the J&K Industries and had been later shifted and adjusted in the J&K Industries. 06. In the given facts and circumstances, the Hon’ble Supreme Court was of the view that those employees had not ceased to be the Government employees and therefore, could not have been denied the benefit of pensionary benefits as were admissible to the Government employees. 07. There is no dispute with regard to the fact that the appellants were admittedly not appointed against any civil post under the Government of J&K. 08. They came to be engaged as Piece Rated Workers in the Corporation much after coming into existence of J&K Industries and the incorporation of the Corporation. They were never given any regular pay scale of the post, if any, held by them. The appellants who were actually engaged as Piece Rated Workers in two centres at Namchibal and Nowshera, Srinagar and were getting the wages and the benefits like Cost-of-Living Allowance (COLA), medical allowance etc., since 1985-86. As is the categoric case of the respondent Corporation that the 98th meeting of Board of Directors took place on 14.05.1997, in which it was found that the two Centres where the appellants were working were economically unviable and were a drain on Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document resources of the Corporation. Accordingly, the Management took a decision to disengage the workers. After negotiations with the appellants, 61 workers out of 83 agreed on compensation ranging from Rs. 35000 to Rs. 44000/- per head in addition to normal benefits. The production centres were closed and the production activity was stopped in the year 1997. The appellants accepted the aforesaid position and did not agitate the matter before any competent forum, including this Court. It is only in the year 2022, the appellants came before this Court and sought the pensionary benefits on the parity of those Government employees who stood transferred to and adjusted in J&K Industries after its incorporation. The writ Court has examined all the aspects of the matter in light of law and the judgments relied upon by learned counsel appearing for the appellants and came to the conclusion that the appellants were not entitled to parity with the Government employees and, therefore, were not entitled to any pensionary benefits, as are admissible to the Government employees. 09. We see no reason or justification to interfere with the impugned Judgment. The appeal being devoid of merit is dismissed along with connected CM(s). (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR 05.05.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document