Vivek Chaudhary, J. - (1.) Heard Ms. Pushpila Bisht, Sri Ram Raj, Sri Anurag Mishra, Sri Brijesh Kumar Shukla, Sri Umesh Kumar Srivastava, Sri Rahul Srivastava, Sri Shachindra Pratap Singh and Sri Mayankar Singh learned counsels for the petitioners. Sri Jaideep Narain Mathur, learned Senior Counsel, Sri Amit K.Singh Bhaduaria, Sri M.P. Yadav, Sri Sandeep Dixit, Sri Vishal Singh, Sri Sanchit S.Asthana, Sri A.K.Bhadauria, Sri M.P.Yadav, Sri Upendra Singh, learned counsels for the respondents and learned Standing Counsel for the State.
(2.) Petitioners, in present writ petitions, have prayed for quashing of Minutes of 118th Meeting dated 01-04-2006 of UPPCL to the extent it fixed the date of absorption of the employees of the Cooperative Electricity Supply Society Ltd. Lucknow (CESS) with U.P. Power Corporation Ltd.(UPPCL), office memorandum/order dated 27-04-2016 in compliance of the aforesaid Board's resolution and direction for payment of pension etc. at par with the employees of UPSEB.
(3.) Facts of case are that for the purposes of distribution of electricity for six blocks of district Lucknow, namely Mal, Malihabad, Kakori, Sarojini Nagar, Mohanlalganj and Gosaiganj, a society namely Cooperative Electricity Supply Society Ltd. Lucknow(CESS) was formed in the year 1970, under the provisions of U.P. Cooperative Societies Act, 1965. In the said society, Government of U.P. had 52.5 lakh of share and share of consumers was 48.65 lakh and thus, CESS was instrumentality of State of U.P. and was also given all such benefits under the Sales Tax Act etc. CESS was to supply electricity in the given rural area of Lucknow and it was duly authorized for the said purposes. For effective administration and working of CESS a large number of employees, including petitioners, were appointed in CESS on different posts. For nearly 20 years, CESS duly performed and fulfilled the purposes for which it was formed. On 17th February, 1997, Secretary of CESS passed an order for application and implementation of a Provident Fund and Pension Scheme in CESS. On 12th March, 1997, Secretary of CESS, informed Uttar Pradesh State Electricity Board (UPSEB) that a decision to implement pension scheme in CESS stands taken and the scheme, as applicable in UPSEB, would be implemented in CESS also. Before it could be implemented a decision was also taken to close down CESS and its entire work being taken over by UPSEB. On 3rd April, 1997, a High Power Committee, consisting of Secretary, Department of Cooperative, State of U.P.; Secretary, Department of Power, State of U.P.; District Magistrate, Lucknow; Member Distribution, UPSEB, Lucknow; Additional Registrar (Administration),Cooperative Societies, U.P.; Secretary, CESS and other officers, took a decision and required the employees of CESS to start working in UPSEB. The said decision further provided that ultimately regular employees of CESS would be absorbed in UPSEB. On 15-04-1997 itself, government orders were issued, constituting a team, to transfer the assets and liabilities of CESS to UPSEB. On 23-4-1997, Secretary, UPSEB also issued direction to the Executive Engineer, UPSEB to discharge all duties of CESS. A consequential order dated 25-04-1997, was also issued directing that employees of CESS shall work under instructions of their officers in UPSEB. Immediately on 25-04-1997 itself, Executive Engineer, Electricity Distribution Division,UPSEB Lucknow took charge of the work of CESS. Employees of CESS, thus immediately started working in UPSEB and, for all practical purposes, became the employees of UPSEB and their salary and all other dues were also henceforth paid by UPSEB.;