ASSAM STATE ELECTRICITY WORKERS UNION Vs. ASSAM STATE ELECTRICITY BOARD AND OTHERS

JUDGEMENT

(1.) Upon hearing the learned Counsel on both sides, it appears to me that the writ Petitioner, namely the Assam State Electricity Workers' Union represented by its General Secretary, made a prayer in this writ petition for quashing the impugned order dtd. 12.7.94 No. ASEB/PL/60/73/Pt/31, as in Annexure - 2 to the writ petition, and all other orders made in pursuance thereto. For better appreciation in the matter, the impugned office order dtd. 12.7.94 is hereby quoted and reproduced as hereunder:

(2.) According to the writ Petitioner, namely A warn State Electricity Workers' Union, hereinafter referred to as "Union , which operates In the establishments of the Respondents throughout Assam and all the technical, ministerial, operational, skilled and unskilled employees posted in the establishments under the Respondent No. 2 to 6 are members of the Petitioner's union, and thus the Petitioner-Union is charged with the responsibility of protecting, preserving and promoting the service interests and conditions of service of the members-employees including those posted in the establishments under the aforementioned Respondents. As per the related office memorandum dtd 11.6.1982, as in Annexure 1A, governing the payment of compensatory (Project) Allowance under the Assam State Electricity Board, hereinafter referred to as "the Board", all the employees irrespective of their status, who are directly employed in the Project work and posted in the site are eligible for getting the Project Allowance and thus, the rates of Project allowance for the different projects are specified under the related order bearing No. ASEB (PL) 60/73/200(A) dtd. 22.6.1987 making the effective date of it on and from the 6th May, 1987, i.e. the date of decision of the Board, and until further orders, as seen in the document marked Annexure-1B, For the purpose of paying the project Allowance, projects have been categorised in three groups as A, B and C which are categorically enumerated in the order, as hereunder:

(3.) The case of the Petitioner-Union is contested by the Respondents by filing an affidavit-in-opposition and contending inter-alia that the Board in exercise of the powers conferred under Section 79 of the Electricity (Supply) Act, 1948, has framed the Assam State Electricity Board Employees (Central Services) Regulation, 1960, which govern the service conditions of the employees of the Board and, the Project Allowance was intended to be granted to those employees who were directly employed in the project and posted at site. The Respondents admitted the existing rate of project allowance in different projects as contended by Petitioner-Union. However, the Respondents stated that in pursuance of the related order dtd. 22.6.87 the employees of MGT, Galeki Kathalguri and Bongaigaon Thermal Project have, been drawing Project Allowance at the rate of 10% of the basic pay subject to a maximum of Rs. 200/- P.M., but the management of the Board while considering the matter of Project Allowance etc. in 1994 it was found that it was not prudent to pay Project Allowance to those employees who stay away from the project. The chairman of the Board passed order in the file for immediate stoppage of payment of Project Allowance to such employees and recovery of the amount already paid. In pursuance of this order of the Chairman, the office order No. ASEB (PL) 60/73/Pt/31 dtd. 12.7.94, as in Annexure-2 to the writ petition, was issued. As per this impugned order, payment of Project Allowance to those employees who stay away from the project site is stopped immediately and monthly recoveries of project allowance already drawn by such employees should be made from the monthly pay bills of the concerned employees starting from the pay bill of July, 1994 payable in August, 1994. According to the Respondents-the Board has since taken a decision to stop payment of project allowance except in Dhansiri Project vide Resolution No. 3 in the meeting held on 29.11.1994, and in view of this decision none of the employees of other Thermal Project is entitled to get Project Allowance with effect from 1.6.1995. It is also the case of the Respondents that such project allowance is actually meant for those employees only who stay in the project site and not to the employees who stay outside the project site. The Respondents went on to contend that such employees who do not reside in the project site arc not entitled to the project allowance and the orders passed for recovery of such amount already drawn on this account are justified.