SANTHOSH N.C. Vs. KERALA STATE ELECTRICITY BOARD LTD.

JUDGEMENT

(1.) Order issued by the Government (produced as Ext.P4 in W.P.(C). 6410 of 2019) exempting the existing employees of Kerala State Electricity Board Ltd. from the qualifications prescribed in Regulations 6 and 7 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 (hereinafter referred to as 'Regulations' for short), purportedly under Regulation 116 of the Regulations is under challenge in these Writ Petitions filed by Sub Engineers/Overseers/Linemen. As the issue involved is common, all these Writ Petitions are disposed of by this common judgment. The parties and documents referred to in this judgment are as described in W.P.(C) No.6410/2019 unless specified otherwise.

(2.) English translation of the operative portion of Ext.P4 order is the following:

(3.) Respondents 1 and 2 have filed a counter affidavit supporting Ext.P4 order passed by the Government. It is stated that all the functions, assets, liabilities, rights and obligations of the erstwhile Kerala State Electricity Board were vested in the State Government as per notification dated 25.09.2008 of the State Government, in exercise of its powers under Section 131 of the Act. Thereafter, all those were revested in the Kerala State Electricity Board Limited, as a Public Limited Company, based on Second Transfer Scheme (revesting) 2013 as per Ext.R2(a) scheme dated 31.10.2013 and KSEBL started its operations on 01.11.2013. According to them, the provisions in Regulations 6(3) and 7 (3) providing for training to be given to the existing employees is consistent with Section 133(2) of the Act and the Regulations can only be subservient to the Act. It is also stated that the Central or State Government can allow deviations in matters referred in the regulations. It is stated that in the light of Sections 53 and 177(2)(b) , the Authority has to consult the State Government while specifying measures relating to safety and electrical supply. It is stated that Ext.R2(b) tripartite agreement was executed between the KSEBL, its employees and the Government of Kerala on 01.08.2014 in accordance with clause 6(8) of Ext.R2(a) scheme; as per clause 2(c) of that agreement, the terms and conditions of services of existing employees such as promotions, transfers, wages, compensations, leave, allowances, etc. upon transfer to KSEBL shall continue to be regulated by existing regulations/service rules in vogue and is guaranteed to continue. Under Clause 2(n), it is also agreed that all the existing agreements/settlements and liabilities of KSEB and the Board shall be honoured by KSEBL. Therefore, it is stated that in the light of Section 133(2) of the Act, there cannot be any condition less favourable to the employees of the erstwhile Board and none of the service benefits of the existing employees could be curtailed. It is also stated that the long term settlements entered into between the Trade Unions and the KSEB are binding under Section 18 of the ID Act. It is stated that the Government of Kerala had on 26.10.2016 issued orders under Regulation 116, granting six months' time for implementing the provisions under the Regulations. It is stated that the provisions under the Regulations for giving training to existing employees are to be viewed in the light of the protection provided to the existing employees under Section 133 . According to them, the KSEBL had taken steps in compliance with the provisions under the Regulations and a separate safety wing is already operating; a committee was constituted on 18.10.2016 to chalk out a time lined schedule of activities such as training, change in recruitment rule, etc. and its report is under consideration. It is also stated that the training policy formulated based on directions of the Central Government was already in force from 2017-18. It is also stated that a programme for imparting training to existing employees is already chalked out in tune with the Regulations. Steps are also taken for deployment of manpower and restructuring; Indian Institute of Management was entrusted to conduct a study on enhancing service quality and organisational effectiveness; the report is examined by a sub committee. It is stated that the Minister for Electricity convened a meeting of the trade unions on 19.12.2018, in view of the discontentment among employees on implementation of the Regulations, pointing out the protections available to existing employees. Based on the decision in that meeting, the Government was requested to exempt the employees from the Regulations 6 and 7. Thereupon, the Government granted exemption as per Ext.P4 order. It is stated that the decision in Ext.P4 is a policy decision granting protection to the existing employees.