TMI Blog2006 (7) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... egal, arbitrary and ultra virus of the settlement dated 30.09.1974 and violative of Articles 14, 16, 21, 38, 39, 41, 42 and 43 of the Constitution of India and for consequential benefits in so far as it relates to: (i) denial of free Electricity to the future incumbents to the Board's service; (ii) prescribing Pre-University Course qualification to the post of Junior Assistants; and (iii) prescribing ITC/ITI qualification to the posts of Assistant Line-men and equivalent categories. 2. Before 1957, the generation and transmission of electrical power was discharged by the erstwhile Electrical Department of the Government of Mysore. Under the provisions of Indian Electricity (Supply) Act a Board was constituted on 30.09.195 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporation are governed by statutory enactment and also by various settlements entered in to between the Union and the Corporation. Originally the electrical power generation, transmission and distribution of power was done by the erstwhile department of the Mysore Government. All the employees of the erstwhile electrical department were getting free supply of power for domestic consumption. In the year 1977 there came to be certain disputes regarding the number of units of free power, the rate charged for excess use of power and for additional units of power during monsoon seasons in Malnad and hilly areas etc. On 28.12.1982 there came to be a memorandum of settlement entered in to between the Union and the Corporation agreeing to refer the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the post of Junior Assistant and Assistant Lineman are totally invalid, irrational, arbitrary and violative of Article 14 and 16 of the Constitution of India. The denial of free power supply to the future recruits will amount to hostile and invidious discrimination. The impugned amendment of the Regulations is arbitrary and done with an intention to deprive the employees the existing service conditions and rights. Reliance is placed on the following decisions. 1. LIC of India v. D.J. Bahadur (1981)ILLJ1SC . 2. N.S. Giri v. The Corporation of City of Mangalore and Ors. AIR 1999 SC 1058. 3. Ashok Marketing Limited and Anr. v. Punjab National Bank and Ors. [1990]3SCR649 4. The State of Jammu and Kashmir v. Trilokinath Khosa and Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R742 . 7. State of Bombay v. F.N. Balsara AIR 1951 SC 318. 8. Edward Mills Company Limited, Bewar and Ors. v. State of Ajmer and Anr. (1954)IILLJ686SC . 9. Sukhdev Singh and Ors. v. Bhagatram Sardar Singh Raghuvanshi and Anr. (1975)ILLJ399SC . 10. Bishun Narain Misra v. The State of Uttar Pradesh and Ors. (1966)ILLJ45SC . 8. Heard arguments on both the side and perused the entire writ papers. The following two points will arise for my consideration. They are; I. Whether the amended Regulations dated 17.04.1997 prescribing modified qualifications for recruitment to the post of Junior Assistants and Assistant Lineman are illegal and unconstitutional? II. Whether the amended Regulations dated 17.04.1997 denying free electr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Regulations with effect from 17.04.1997 denying the free power supply to the future incumbents to the Corporation service, but the benefit of free power supply is being continued to the existing employees of the Corporation. Now the petitioner - Union has filed this petition questioning the withdrawal of free supply of electrical power to the prospective employees of the Corporation. The contention of the petitioner is, that by an award dated 08.05.1984 the benefit of free power supply was extended to all the workmen of the Corporation. All the workmen means and include those who are already employed and all persons who will subsequently become employed in the Corporation. It is contended that the award dated 08.05.1984 is accepted and imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me) 13. As per the dictum of the Supreme Court in Bahadur's case an award or settlement can be altered through a fresh settlement, award or valid legislation. Admittedly, in this case, subsequent to the award dated 08.05.1984 there is no fresh settlement or award. Now the question is, whether there is a valid legislation withdrawing the benefit of free power supply to the future employees of the Corporation? The Corporation under Section 79(c) of the Electricity Supply (Undertakings) Act, 1948, amended the regulations. Section 79(c) of the Electricity Supply (Undertaking) Act, reads as under: 79. Power to make regulations.- The Board may by notification in the Official Gazette, make regulations not inconsistent with this Act an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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