TELANGANA POWER GENERATION CORPORATION LTD. Vs. ANDHRA PRADESH POWER GENERATION CORPORATION LTD. AND ORS.
LAWS(SC)-2018-11-132
SUPREME COURT OF INDIA
Decided on November 28,2018

Telangana Power Generation Corporation Ltd. Appellant
VERSUS
Andhra Pradesh Power Generation Corporation Ltd. And Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Applications for intervention/impleadment are allowed. On the reorganisation of the State of Andhra Pradesh with its bifurcation with two States namely, the State of Telangana and the State of Andhra Pradesh vide the Andhra Pradesh Reorganisation Act, 2014 (hereinafter referred to as 'Act,2014'), the question that has arisen in the present appeals is about the allocation of the employees of Public Sector Undertakings between the two States. In these appeals, we are concerned with the employees of four Public Sector Undertakings in power sector. These include two power generation companies and two power distribution companies. In view of the bifurcation of the State of Andhra Pradesh, the State of Telangana has formed its two power generation companies. Likewise, similar exercise is undertaken by the State of Andhra Pradesh as well. Accordingly, for State of Telangana following power utility companies have been formed. 1. Telangana Power Generation Corporation ('TSGENCO') 2. Transmission Corporation of Telangana ('TSTRANSCO') 3. Southern Power Distribution Company of Telangana ('TSSPDCL') 4. Northern Power Distribution Corporation of Telangana ('TSNPDCL') For the State of Andhra Pradesh the names of these companies are: 1. Andhra Pradesh Power Generation Corporation Ltd.(APGENCO) 2. Transmission Corporation of Andhra Pradesh Ltd. (APTRANSCO) 3. Eastern Power Distribution Corporation of Andhra Pradesh Ltd. (APEPDCL) 4. Southern Power Distribution Corporation of Andhra Pradesh Ltd. (APSPDCL)
(3.) The provision for allocation of the employees in the aforesaid power utilities in the States of Telangana and Andhra Pradesh was to be done in accordance with Section 82 of the Act, 2014. This provision reads as under: "Section 82. Provision for employees of Public Sector Undertakings etc.:- On and from the appointed day, the employees of State Public Sector Undertakings, corporations and other autonomous bodies shall continue to function in such undertaking, corporation or autonomous bodies for a period of one year and during this period the corporate body concerned shall determine the modalities for distributing the personnel between the two successor States."? ;


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