The High Court of Jammu & Kashmir and Ladakh recently dismissed appeals challenging a lower court’s decision on the termination of employees from the Jammu and Kashmir State Forest Corporation (J&K SFC). The case, involving the termination of employees who were initially engaged on a casual basis and later regularized, centered on the adherence to principles of natural justice and the proper application of employment regulations.
The appellants, J&K State Forest Corporation, had issued orders disengaging several employees, arguing that their services were no longer required. The employees, having been regularized after passing a performance test, challenged this decision, claiming it violated their constitutional and legal rights as permanent employees.
The High Court, referring to multiple precedents, including the landmark judgment of “Canara Bank Vs. V. K. Awasthy” and “Swadesh Cotton Mills Vs. Union of India,” emphasized the importance of following natural justice principles, especially the right to be heard, in any administrative action involving civil consequences. The Court observed that the principles of natural justice are not supplanted but supplement the law and are crucial in preventing miscarriages of justice.
The judgment meticulously analyzed the employees’ engagement and regularization process, referring to the Jammu and Kashmir State Forest Corporation Act 1978 and the Jammu and Kashmir State Forest Corporation Employees (Conditions of Service) Regulations 1993. The Court found that the disengagement orders were issued in violation of these statutes and the principles of natural justice.
In its detailed judgment, the Court held that the employees were validly engaged and regularized, and their subsequent disengagement was in breach of their constitutional rights and the principles of natural justice. The Court dismissed the appeals, upholding the lower court’s judgment.
| Case Title | Judges | Lawyers | Date of Order |
|---|---|---|---|
| LPA No. 161/2020 c/w LPA No. 159/2020 | Hon’ble Mr. Justice Javed Iqbal Wani, Hon’ble Mr. Justice Atul Sreedharan | Mr. Mubeen Wani DyAG for appellants; Mr. Z. A. Shah Sr. Advocate with Mr. A. Hanan Advocate for respondents | 08.12.2023 |
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