Jammu & Kashmir High Court
Airport Authority Of India vs Ut Of J&K And Ors on 7 April, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 186
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:-WP(C) No. 862/2026
Airport Authority of India ....Petitioner/Appellant(s)
Th. Devender Yadav
Through:- Mr. Inder Jeet Gupta, Advocate.
V/s
UT of J&K and ors. .....Respondent(s)
Through:- Ms. Mehar Bali, Advocate vice
Mr. Ravinder Gupta, AAG.
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
07.04.2026
By this petition, the petitioner herein has challenged order dated
24.05.2024 passed by respondent No. 2, whereby the petitioner has been
directed to deposit an amount of Rs. 1,58,000/- within a period of 30 days
from the date of passing of the order, before the respondent No. 2, failing
which the same shall be recovered as fine by invoking Section 15(5) of
the Act or by freezing the official Account of the petitioner. It has also
been ordered that failure to comply with the aforesaid direction would
attract interest @ 10% per annum from the date of order till its actual
realization. However, liberty has also been granted to the petitioner to
recover the said amount from the respondent No. 1 (respondent No. 4
herein).
It is stated by learned counsel for the petitioner that the impugned
order has not been passed in consonance with law.
It is further stated that the respondent No. 2 is a Controlling
Authority under the Payment of Gratuity Act, 1972 constituted by the
State Government, who has no jurisdiction to take action under Labour
Laws against Central Government establishments.
It is further stated that the respondent No. 3 was the worker of
Airport Restaurant, which was given on licence basis to one Savita Rani
and after her death, the licence was given to respondent No. 4. As such,
the remedy for respondent No. 3 was against respondent No. 4 and not the
petitioner. However, the petitioner has been wrongly fastened with the
liability to pay an amount of Rs. 1,58,000/- alongwith interest @ 10% per
annum from the date of the order till its actual realization.
Notice, waived by Ms. Mehak, Advocate appearing vice
Mr. Ravinder Gupta, AAG on behalf of respondent Nos. 1 & 2.
She seeks and is granted four weeks’ time to file the response to the
instant petition. Let notice be issued to respondent Nos. 3 & 4, returnable
within four weeks.
List again on 18.05.2026.
Meanwhile, subject to deposit of Rs. 1,58,000/- alongwith interest
@ 10% per annum from the date of this order, before the Registry of this
Court, within a period of three weeks, the order impugned dated
24.05.2024 passed by the respondent No. 2 shall remain stayed.
(MOKSHA KHAJURIA KAZMI)
JUDGE
JAMMU
07.04.2026
Ram Krishan
Ram Krishan
2026.04.07 17:41
I attest to the accuracy and
integrity of this document
