Nanavati, J. - (1.) Leave granted. Heard the learned counsel.
(2.) The Orissa Electrical Engineers' Service Association filed Original Application No. 576(C) of 1996 in the Orissa Administrative Tribunal, apprehending that some of the Electrical Engineers who are its members and Orissa State Government employees on deputation to the Orissa State Electricity Board (OSEB) are likely to be permanently transferred to the GRID Corporation of Orissa Ltd. or Orissa Hydro Power Corporation Ltd. on OSEB being abolished, under Orissa Electricity Reform Act. In view of the provision of the Act and the decision of the State Government to privatise procurement and distribution of electric energy the appellant further apprehended that the services of such members may be ultimately transferred to private companies and that will lead to losing their status as civil servants and varying their service conditions adversely. The appellant, therefore, wanted Sections 23, 24 and 25 of the Act and the Scheme Rules made thereunder to be declared ultra vires the Constitution.
(3.) The Tribunal held that it has no jurisdiction to judge the validity of the said provisions. It further held that the provisions regarding transfer of personnel appear to be reasonable. It was also of the view that the OA was rather premature. It, therefore, dismissed the OA.;