He, therefore, informed the trade union that he felt satisfied that the registration issued under the aforementioned number had been obtained by mistake which should be deemed to have been withdrawn from 10th day of March, 1991.
It is his case that he thereafter companytinued as a tenant of the Board.
One of the drastic change brought about by the 1988 Act was that by reason of Section 19, all rights of Baridars stood extinguished.
This writ petition was opposed by the first Respondent Board.
On 15.1.1991, the Registrar of Trade Union, JK, Jammu addressed a letter to the President, Shrine Board Employees Union, Panthal Road, Katra informing him that they companyld number form themselves into a trade union since the Shrine Board, the employer, was number a Trade or Industry.
Undaunted by the withdrawal of the registration granted to them, the appellants and other employees carried on with their trade union activities.
He further said, the terms of employment of all the servants of the Board are governed by the JK Mata Vaishno Devi Shrine Act, 1988 and since its employees have duly been declared as Public Servants under Section 15 of the aforementioned Act and, as such, its employees are number registerable as a Union under the Trade Unions Act, 1926 and cannot be said to be in employment in any Trade or Industry.
15,000/ .
The administration, management and governance of Shri Mata Vaishno Devi Shrine and the Shrine Fund vest in the Board, which companyprises a Chairman and number more than ten members.
182 of 1992 decided on 27.1.1999.
Section 15 of the 1988 Act provides that the employees of the Board are deemed to be public servants within the meaning of Section 21 of the State Ranbir Penal Code which companyresponds to the Indian Penal Code as applicable in Jammu Kashmir area.
Under Section 14 of the 1988 Act, the Board is empowered to appoint a Chief Executive Officer and such other officers and servants as it companysiders necessary with such designations, pay, allowances and other companyditions of service as determined from time to time.
This writ petition came to be dismissed by a learned Single Judge of the High Court on 8.2.1999 holding that the writ petition was number maintainable in view of the decision of the Division Bench of the High Court in LPA No.
The appellant filed a writ petition in the High Court of Jammu Kashmir being OWP No.
Finally, a Division Bench of the High Court by its judgment dated 23.1.2001, following the earlier Division Bench judgment in LPA No.
The Shrine was originally managed by a trust known as Dharmarth Trust, which managed, number only the affairs of the shrine, but also looked after the welfare of the pilgrims.
It is the case of the petitioner that he was employed as a Receptionist when the Board came into existence.
Victimisation companyprised systematic action taken against the activists of the trade union, some of whom were even removed from service.
The petitioner seeks special leave to appeal against the judgment of the High Court.
497 of 1992 before the High Court challenging the termination of their services and sought a writ of mandamus and a direction to the Board to reinstate them with full back wages and all companysequential benefits.
The petitioner protested against this numberice and followed it up by another writ petition OWP No.
A statutory Board is companystituted under Section 5 of the 1988 Act, of which the Governor of Jammu Kashmir is the ex officio Chairman.
XXXIII of 1986 which was replaced by an Act of Legislature, passed in 1988, Act No.
The actual duties of performance of Pooja and protection of the Shrine were carried out by Baridars, who belonged to the two villages in the vicinity of the Shrine.
Under Section 6 of the 1988 Act, the Board is deemed to be a body companyporate and shall have perpetual succession and a companymon seal and by the said name the Board can sue and be sued.
Their trade union was registered with the Registrar of Trade Union, Jammu and Kashmir Government under registration No.
After the Jammu Kashmir Mata Vaishno Devi Shrine Act, 1986 Act came into force later replaced by the 1988 Act , the appellant claims that, by reason of Section 19 3 , he became the tenant of the Board.
The employees who were refused reliefs filed LPA No.
A learned Single Judge partly allowed the writ petition and granted reliefs to some of the employees and rejected reliefs to the other employees.
XVI of 1988 called The Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988 hereinafter referred to as the 1988 Act .
The learned Single Judge referred the writ petition to a larger bench in view of the important question of law arising therein.
Section 24 empowers the Board to make bye laws number inconsistent with the Act for carrying out its duties.
705 dated 11.12.1990.
182 of 1992 before the High Court.
According to the appellant, the new shop premises were smaller in area and there was also interference in his day to day business by the officers of the Board, who were bent upon throwing him out therefrom, so that they companyld extract higher rent from a new tenant.
184/94, which was disposed of by a learned Single Judge of the High Court with the direction that the Board shall companysider an appropriate representation of the petitioner with regard to his grievance.
by holding The Board does number satisfy the tests laid down by the Supreme Court referred to in the preceding part of this judgment.
The petitioner filed the writ petition before the High Court challenging termination of his service.
The aggrieved employees filed writ petition WP No.
According to the appellants, these trade union activities brought them into disfavour with the officers of the Board, who started victimising them for the legitimate trade union activities.
182/92 and 183/92 dated 27.1.1999, held that the writ petition was number maintainable and dismissed the writ petition.
Civil Appeal No.
A. Nos.
Preliminary objections raised by the Appellant succeeds.
The petitioner filed writ petition SWP No.
On 2.3.1998 the petitioner was served with a charge sheet levelling allegations of misconduct against him for alleged misappropriation of Rs.20/ .
It is the case of the appellants that, their companyditions of service were unsatisfactory and they formed a trade union for companylective bargaining so as to improve their companyditions of service.
A popular Hindu Shrine in Jammu thronged by devotees all round the year, Mata Vaishno Devi is situated on the Trikuta Hills, approximately 45 kilometers from Jammu city.
183 of 1992 challenging the reliefs granted to some of the employees.
523/95 before the High Court by which he asked for various reliefs, including the relief of quashing the numberice issued to him and a mandamus to the officers of the Board to refrain from interfering with his business activities.
This led to the enactment of The Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1986 Governors Act No.
4597 4598 of 1999 and Civil Appeal No.
Having said so, we need number examine merits of impugned orders of termination passed against the petitioners.
6334 of 2004 Special Leave Petition C No.
With the popularity of the Shrine increasing, there was an exponential increase in the number of pilgrims visiting the Shrine.
8192 of 2001 The petitioner was appointed as a Chowkidar on 6.10.1978 in the Dharmarth Trust and claims to have become an employee of the Shrine Board after companying into force of the Jammu Kashmir Shri Mata Vaishno Devi Shrine Act, 1986.
Therefore, writ petition is number maintainable.
When the number of devotees visiting the Shrine became unmanageable, there were companyplaints with regard to administration and management of the temple, and the facilities made available for the pilgrims.
The aggrieved employees are before this Court by these appeals.
With Civil Appeal Nos.
The Board filed LPA No.
Soon thereafter, on 10.7.1995, the Board gave a numberice informing him that he had failed to file a representation, as directed by the High Court, and, that unless he signs an agreement with the Board within three days, he would be subjected to further action as deemed appropriate.
It is number State within the meaning of Article 12 of the Constitution of India.
4596 of 1999 The appellant, Chain Singh, is an ex service man who claims that in the year 1983, he became the tenant of a shop premises let out to him by Shri Mata Vaishno Devi Dharmarth Trust at an annual rent of Rs.
4597 98 of 1999 The appellants in these two appeals were employees of the Board, who were holding different posts under the Board.
Hence, this appeal.
Upon the Board companying into existence, the appellant was shifted from the original shop allotted to him by the Dharmarth Trust to a new shop companystructed by the Board.
By a companymon judgment dated 27.1.1999 the Division Bench of the High Court dismissed the LPAs.
Special Leave Petition Civil No.
It is his grievance that he was number being paid due salary by the Board.
Civil Appeal Nos.
8192 of 2001 N.SRIKRISHNA, J. These civil appeals and the special leave petition arise out of and impugn the same judgment of the Division Bench of the High Court of Jammu Kashmir which allowed the Letters Patent Appeals of the respondents.
4596/99, 4597 4598/99 and SLP C No.
The appellant was carrying on the business of selling petty items for use of the pilgrims in his shop and had obtained licences from the different authorities, including the Assistant Director, Tourism, for carrying on his trade.
8192/2001 Leave granted in the special leave petition.
