HINDUSTAN COPPER LIMITED Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD Mr. M.M. Banerjea, learned counsel for the petitioner and Mr. V.P. Singh, learned counsel for the Electricity Board.

(2.) THE writ petitioner in the instant case has prayed for a direction upon the respondents to give them rebate. According to the petitioners, rebate is given by Damodar Valley Corporation (hereinafter referred to as the DVC for the sake of brevity) to the Electricity Board on account of improved power factor. Consequently, the petitioner prays that the Board be directed to forthwith allow rebate to the petitioner. The grievance of the petitioner is that although the petitioner made improvements in the power factor, the respondent Board gets benefit of the amended tariff which includes a rebate to be given but that is not being granted whereas as per the Tripartite Settlement, the petitioner is only required to make payment of the actual amount demanded by the Corporation from the Board on account of power supply made to the petitioner including rebate granted by the DVC.

(3.) THE petitioner has further stated that a Tripartite Settlement was entered into in which the Corporation, the Board and the Petitioner as also the Honble Chief Minister were parties. It was agreed that the monthly bill for power supply to the petitioner shall be prepared indicating the amount payable to the Corporation at the approved rate which were applicable to the Board. It was further agreed that the petitioner would go on making payment through two separate cheques, one drawn in favour of the Corporation and the other in favour of the Board respectively. The cheques drawn in favour of the Corporation will be forwarded by the Board directly to the Corporation. The petitioner states that on the basis of the aforesaid Tripartite Settlement, admittedly the petitioner had to pay an amount which was payable to the DVC at their approved rates and which were applicable to the Board and that whatever amount the Corporation charged, the same had to be paid by the petitioner to the Corporation in the manner Indicated above, i.e., by issuance of cheques. The petitioner has further stated that from a perusal of the Tripartite Settlement it would be evident that the rates at which the DVC is raising the bill to the Respondent Board is payable by the petitioner only to them and any rebate or concession which is being given by the DVC to the Board, the same should also be given to the petitioner. The grievance of the petitioner is that although the petitioner made improvements in the power factor, the respondent Board gets benefit of the amended tariff which includes a rebate to be given but that is not being granted whereas as per the Tripartite Settlement, the petitioner is only required to make payment of the actual amount demanded by the Corporation from the Board on account of power supply made to the petitioner including rebate granted by the DVC.