TMI Blog2020 (7) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... things, which have already been done will be saved insofar as it is not inconsistent with the provisions of the Electricity Act, 2003. We accept the contention of the learned counsel for the writ petitioner that there is nothing contrary to the provisions contained in Ext. P2 in the Electricity Act, 2003. However, the lack of any inconsistency with the provisions of the 2003 Act cannot offer any protection, insofar as the writ petitioner is concerned, on account of the fact that it is not his case that any action had been taken in terms of Ext. P2 Regulation prior to the repeal of the Electricity (Supply) Act, 1948. In fact, as already noticed, the mother of the writ petitioner under whom he claims appointment under the dying-in-harness Scheme passed away only on 21.3.2011 on which date Ext. P2 Regulation was clearly not in force on account of the repeal provision in S. 185(1) - In the absence of any statutory regulation, the provisions of the long term settlement will apply. Sub-section (5) of S. 185, only makes it clear that the specific mention and saving of certain enumerated provisions/rules in sub-section (2) does did not mean that the effect of Section 6 of the Genera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner's mother died on 21.3.2011, at the age of 66. He would contend that the question of applying the law laid down in Rita Bella's case (supra) does not arise on account of the fact that the statutory scheme relied upon by the petitioner (Ext. P2) is presently not in force on account of the repeal provision in S. 185 of the Electricity Act. 2003. He contends that the Supreme Court in its recent judgment in Santhosh N.C. v. State of Karnataka and others reported in 2020 (2) KHC 371 (SC)) has held that insofar as compassionate appointment is concerned, only the rules prevailing on the date of consideration of the application will apply. According to Sri. Raju Joseph, since writ petitioner's mother, died on 21.3.2011, the question of applying Ext. P2 regulation, which was framed under the repealed provisions of the Electricity (Supply) Act, 1948, does not arise as on the relevant date the provisions of the Electricity (Supply) Act, 1948 stood repealed by the provisions of the Electricity Act of 2003. He would contend that unless the provisions of subordinate legislation framed under the provisions of the repealed enactment are specifically saved by the repealing Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase (supra) has been confirmed by a Division Bench of this Court through judgment dated 28.7.2015 in W.A. No. 1100/2015 to which one of us, (A.M. Shaffique, J.) was a party. 6. We have bestowed anxious attention to the contentions raised by both sides. At the outset, we must notice that the effect of repeal of the Electricity (Supply) Act, 1948 on Ext. P2 Regulations, which are framed under S. 79 of that Act, was not considered by this Court while deciding Rita Bella's case (supra). However, since that contention is taken before us and since it involves a question of law, we are required to examine that question notwithstanding the fact that the judgment of the learned Single Judge in Rita Bella's case (supra) has been upheld by judgment dated 28.7.2015 in W.A. No. 1100/2015. 7. Section 185 of the Electricity Act, 2003 is the repeal and saving provision. It is settled law that repeal of the Principal Act will result in the repeal of subordinate legislation framed under the provisions of the repealed enactment unless the same was specifically saved by the repeal and saving clause. We cannot, in S. 185, see any saving clause which protects Ext. P2 Regulation or gives li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therwise provided in sub-section (2), the mention of particular matters in that section, shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897, with regard to the effect of repeals. Sub-section (5) of S. 185, on our reading, only makes it clear that the specific mention and saving of certain enumerated provisions/rules in sub-section (2) does did not mean that the effect of Section 6 of the General Clauses Act, 1897 was inapplicable in respect of provisions not so enumerated. In Ambalal Sarabhai Enterprises Ltd. v. Amrit Lal Co., (2001) 8 SCC 397), it was held:- 25. The opening words of Section 6 specify the field over which it is operative. It is operative overall the enactments under the General Clauses Act, Central Act or Regulations made after the commencement of the General Clauses Act. It also clarifies in case of repeal of any provision under the aforesaid Act or regulation, unless a different intention appears from such repeal, it would have no effect over the matters covered in its clauses viz. (a) to (e). It clearly specifies that the repeal shall not revive anything not in force or in existence or affect t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia and Others (1995) 4 SCC 734), the Supreme Court held as under: 8. In our view, if subordinate legislation is to survive the repeal of its parent statute, the repealing statute must say so in so many words and by mentioning the title of the subordinate legislation. We do not think that there is room for implying anything in this behalf. Therefore the contention raised with reference to S. 3(51) of the General Clauses Act, 1897 also cannot be accepted. 10. We do not think that it is necessary to refer this case for the consideration of a larger bench, for though Rita Bella (supra) was affirmed by a Division Bench of this Court the contention regarding the effect of Ext. P.2 Regulations upon repeal of the Electricity (Supply) Act, 1948 was never raised or considered in that case. In the light of our finding that Ext. P.2 Regulations are no longer in force, we allow this appeal by setting aside the judgment of the learned Single Judge and holding that the right of the 1st respondent (if any) can be considered only in terms of the relevant provisions of the industrial settlement in force and not in accordance with the provisions of Ext. P2 Regulations. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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