WA No.223/2020 and connected cases (The Kerala High Court, Ernakulam)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** ## **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** **WA.No.223 OF 2020** **AGAINST THE JUDGMENT DATED 24-01-2020 IN WP(C) 6410/2019(A) OF HIGH COURT OF KERALA** ## **APPELLANT/RESPONDENT:** **KERALA STATE ELECTRICITY BOARD LTD REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN,PATTAM, THIRUVANANTHAPURAM-695004.** **BY ADV. SRI. JOSEPH ANTONY.C** ## **RESPONDENTS/PETITIONER & RESPONDENTS 3 TO 6:** - **1 SANTHOSH N.C. AGED 28 YEARS, S/O LATE CHANDRASEKHARAN NAIR, (EMP CODE 1052684)SUB ENGINEER,110 KV SUB STATION, KANDANAD,RESIDING AT NADUVILEVEEDU,CHOTTANIKKARA.P.O, ERNAKULAM-682312.** - **2 SHAJU GEORGE JOSEPH, S/O.M.T.GEORGE,(EMP CODE 1047446),OVERSEER, ELECTRICAL SECTION,ALUVA WEST,THOTTAKKATTUKARA, RESIDING AT MUNDANCHERY HOUSE,ERUMATHALA.P.O, CHUNGAMVELY,ALUVA-683112.** - **3 EMMANUAL ANTONY.N.N, S/O.VARGHESE.N.M,(EMP CODE 1054369)SUB ENGINEER, ELECTRICAL SECTION,ELOOR,RESIDING AT NELKUNNASSERY HOUSE,EZHIKKARA.P.O, KADAKKARA SOUTH,NORTH PARAVOOR,ERNAKULAM DISTRICT,PIN-683513.** - **4 JEBIN C.RAJU, S/O.C.V.RAJU,(EMP CODE 1070122),SUB ENGINEER,ELECTRICAL SECTION,KUNNAMKULAM BBR, RESIDING AT CHERUPANAKAL HOUSE,KAKKAD, KUNNAMKULAM.P.O,THRISSUR DISTRICT,PIN-680503.** W.A No.223/2020 and connected cases -2- - **5 SARUN.S.S,** **S/O.S.K.SUBRAMANIAN, (EMP CODE NO.1103742),PERINGALKUTHU, RESIDING AT SASTHAMKUDAM HOUSE,NELLAI.P.O, KOLATHUR,THRISSUR-680305.** - **6 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, POWER (A)DEPARTMENT, THIRUVANANTHAPURAM-695001.** - **7 THE CENTRAL ELECTRICAL AUTHORITY, SEVA BHAVAN, R.K.PURAM, NEW DELHI-110066.** - **8 KERALA STATE ELECTRICITY BOARD WORKER'S ASSOCIATION(CITU),** - **HAVING ITS REGISTERED OFFICE AT BTR MEMORIAL, MELE THAMPANNUR,THIURVANANTHAPURAM-695001, REPRESENTED BY ITS SECRETARY.** - **9 THE KERALA ELECTRICITY WORKERS' FEDERATION, REPRESENTED BY ITS GENERAL SECRETARY, J.CHITHARANJAN SMARAKAM,W AND C HOSPITAL ROAD,THYCAUD,THIRUVANANTHAPURAM.** - **10 JAYAN.M.P EMPLOYEE CODE NO.1043874, SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY BOARD LTD.,ELECTRICAL SECTION, ARAKKUNNAM, P.O.ARAKKUNNAM, ERNAKULAM DISTRICT-682 313.** ## **11 NAZIR K.H.** **EMPLOYEE CODE NO.1042407,** - **SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, ALUVA NORTH, P.O.ALUVA, ERNAKULAM DISTRICT-683 101.** **12 OMANAKUTTAN A.R. EMPLOYEE CODE NO.1043701, SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY BOARD LTD., GENERATION DIVISION, IDAMALAYAR, P.O.IDAMALAYAR, ERNAKULAM DISTRICT-686 681.** - **13 BAICIL V.P. EMPLOYEE CODE NO.1043617,** **SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PALARIVATTOM, P.O.PALARIVATTOM, ERNAKULAM DISTRICT-682 025.** W.A No.223/2020 and connected cases -3- **14 ELDO C.P. EMPLOYEE CODE NO.1043691, SUB ENGINEER (ELE.), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SUB DIVISION, KURUPPAMPADY, P.O.KURUPPAMPADY, ERNAKULAM DISTRICT-683 545.** **ADDITIONAL R10 TO R14 ARE IMPLEADED AS PER ORDER DATED 5.3.2020 IN IA.1/2020 IN WA.223/2020** **15 UDAYAKUMAR.P.K OVERSEER, ELECTRICAL SECTION, PURANGU, PONNANI DIVISION, PURANGU P.O., MALAPPURAM DISTRICT, PIN-679 584. ADDITIONAL R15 IS IMPLEADED AS PER ORDER DATED 1407-2020 IN IA.3/2020 IN WA.223/2020** **R1-5 BY ADV. SMT. APARNA RAJAN (B/O) R6 BY GOVERNMENT PLEADER(B/O) R7 BY ADV. CENTRAL GOVERNMENT COUNSEL(B/O) R9 BY ADV. SRI. V. VENUGOPALAN NAIR (B/O) R10 BY ADV. P.M.PAREETH R15 BY ADV. S.M.PRASANTH** ## **OTHER PRESENT:** **SRI. RAJU JOSEPH -SR. SRI. P.RAVINDRAN -SR. SRI. P.N. SANTHOSH -SR.G.P.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.232/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -4- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** **WA.No.232 OF 2020** **AGAINST THE JUDGMENT DATED 24-01-2020 IN WP(C) 6723/2019(M) OF HIGH COURT OF KERALA** ## **APPELLANT/RESPONDENT:** **KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,OR/AND SECRETARY, KERALA STATE ELECTRICITY BOARD LIMITED, VYDHUTHI BHAVAN,PATTAM,THIRUVANANTHAPURAM-695004.** **BY ADVS. SRI.RAJU JOSEPH (SR.) SRI.C.JOSEPH ANTONY SHRI. JOHN MANJOORAN** ## **RESPONDENTS/PETITIONER & RESPONDENTS 1,3 & 4:** **1 MUHAMMED A.A., S/O ABDUL RAHIM.A.M,AGED 42 YEARS, WORKING AS LINEMAN GRADE I,ELECTRICAL SECTION,PUNNAMPARAMBU,KERALA STATE ELECTRICITY BOARD LTD,RESIDING AT AMMANATH,CHEMBODU, PANANGATTUKKARA(P.O), THRISSUR DISTRICT,PIN-680623. 2 ABILASH.K.B, S/O.BALAN K.G, AGED 40 YEARS, WORKING AS LINEMAN GRADE-I, ELECTRICAL SECTION,PAVARATTY,KERALA STATE ELECTRICITY BOARD LTD,RESIDING AT KADAVIL HOUSE,PAMBOOR, KUTTUR.P.O, PIN-680013.** **3 ROBERT.P, S/O.PONNAYYAN, AGED 49 YEARS, WORKING AS OVERSEER, ELECTRICAL SECTION,PALODE,** W.A No.223/2020 and connected cases -5- **KERALA STATE ELECTRICITY BOARD LTD,RESIDING AT THADATHARIKATHU VEEDU,KARIMKADA, CHULLIMANOOR.P.O, NEDUMANGAD, THIRUVANANTHAPURAM,PIN-695541.** - **4 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.** - **5 THE CENTRAL ELECTRICITY AUTHORITY, SEVA BHAVAN,R.K.PURAM,NEW DELHI-110066.** - **6 GENERAL SECRETARY, UNITED DEMOCRATIC ELECTRICITY EMPLOYEES FRONT, REGISTERATION NO. 01-1/2003,V.P.MARAKKAR SMARAKA MANDIRAM, AMBUJAVILASOM ROAD,CORPORATION OF THIRUVANANTHAPURAM,THIRUVANANTHAPURAM-695001.** - **R1-3 BY ADV. SMT. APARNA RAJAN(B/O) R4 BY GOVT. PLEADER(B/O) R5 BY SRI.KRISHNADAS P.NAIR, CGC R6 BY ADV. SRI.G.S.REGHUNATH** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -6- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** **WA.No.276 OF 2020** **AGAINST THE JUDGMENT DATED 24-01-2020 IN WP(C) 6922/2019(M) OF HIGH COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 2 & 3:** - **1 KERALA STATE ELECTRICITY BOARD LIMITED, REPREENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD LIMITED VYDYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM 695 004** - **2 THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LIMITED, VYDHYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM 695 004** **BY ADVS. SRI.RAJU JOSEPH (SR.) SRI.C.JOSEPH ANTONY SHRI. JOHN MANJOORAN** ## **RESPONDENTS/PETITIONERS & RESPONDENTS 1 & 4:** - **1 GIREESH PRABHA R.P., LINEMAN GR.I, ELECTRICAL SECTION-MALEYINKEEZHU, THIRUVANANTHAPURAM 695 571** - **2 BHUVANEDRAN A,** - **LINEMAN GR.I, ELECTRICAL SECTION-CHURAYINKEEZHU, THIRUVANANTHAPURAM 695 304** - **3 RAJENDRAN P.R, LINEMAN GR.I, ELECTRICAL SECTION-KARIMANOOR, IDUKKI DISTRICT 685 581** - **4 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001** W.A No.223/2020 and connected cases -7- **5 THE CENTRAL ELECTRICITY AUTHORITY, SEVA BHAVAN, R.K PURAM, NEW DELHI 110 066** **R1-3 BY ADV. SRI. K. B GANGESH (B/O) R4 BY GOVERNMENT PLEADER (B/O) R5 BY SRI.JAISHANKAR V.NAIR, CGC (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -8- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** **WA.No.345 OF 2020** **AGAINST THE JUDGMENT DATED 24-01-2020 IN WP(C) 6922/2019(M) OF HIGH COURT OF KERALA** **APPELLANTS/1ST RESPONDENT:** **STATE OF KERALA** **REPRESENTED BY THE SECRETARY TO DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY SR.GOVERNMENT PLEADER SRI. P.N. SANTHOSH** ## **RESPONDENTS/PETITIONERS & RESPONDENTS 2 TO 4:** - **1 GIREESH PRABHA R.P. LINEMAN GR.I, ELECTRICAL SECTION-MALEYINKEEZHU, THIRUVANANTHAPURAM-695571.** - **2 BHUVANEDRAN A., LINEMAN GR.I, ELECTRICAL SECTION-CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695304.** - **3 RAJENDRAN P.R., LINEMAN GR.I, ELECTRICAL SECTION-KARIMANOOR, IDUKKI DISTRICT-685581.** - **4 KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD LTD., VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** - **5 THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** - **6 THE CENTRAL ELECTRICITY AUTHORITY, SEVA BHAVAN, P.K.PURAM, NEW DELHI-110066.** W.A No.223/2020 and connected cases -9- **R1-3 BY ADV. SRI.K.B.GANESH KUMAR (B/O) R4-5 BY ADV. SRI.M.K.THANKAPPAN, STANDING COUNSEL (B/O) R6 BY ADV. ASSISTANT SOLICITOR GENERAL OF INDIA (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -10- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** ## **WA.No.387 OF 2020** **AGAINST THE JUDGMENT 24-01-2020 IN WP(C) 6723/2019(M) OF HIGH COURT OF KERALA** ## **APPELLANT/1ST RESPONDENT:** **STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001** ## **BY SR.GOVERNMENT PLEADER SRI. P.N. SANTHOSH** ## **RESPONDENTS/S:** **1 MUHAMMED A.A. S/O.ABDUL RAHIM.A.M., WORKING AS LINEMAN GRADE I, ELECTRICAL SECTION, PUNNAMPARAMBU, KERALA STATE ELECTRICITY BOARD LTD, RESIDING AT AMMANATH, CHEMBODU, PANANGATTUKARA.P.O., THRISSUR DISTRICT, PIN-680623 2 ABHILASH.K.B S/O.BALAN K.G. WORKING AS LINEMAN GRADE I, ELECTRICAL SECTION, PAVARATTY, KERALA STATE ELECTRICITY BOARD LTD, RESIDNG AT KADAVIL HOUSE, PAMBOO, KUTTUR.P.O, PIN-680013 3 ROBERT P S/O.PONNAYYAN, WORKING AS OVERSEER, ELECTRICITY SECTION PALODE, KERALA STATE ELECTRICITY BOARD LTD, RESIDING AT THADATHARIKATH VEEDU, KARIMKADA, CHULLIMANOOR.P.O, NEDUMANGAD, THIRUVANANTHAPURAM, PIN-695541** W.A No.223/2020 and connected cases -11- **4 KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR OR/AND SECRETARY, KERALA STATE ELECTRICITY BOARD LTD,, VAIDHYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-695004** - **5 THE CENTRAL ELECTRICTY AUTHORITY SEVA BHAVAN, R.K.PURAM, NEW DELHI-110066** **6 GENERAL SECRETARY UNITED DEMOCRATIC ELECTRICITY EMPLOYEES FRONT, REGISTRATION NO.O1-1/2003, V.P.MARAKKAR SMARAKA MANDIRAM, AMBUJAVILASOM RAOD, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM** **R1-3 BY ADV. SRI. T.T.RAKESH(B/O) R4 BY ADV. SRI.RAJU JOSEPH (SR.) R4 BY ADV. SRI.C.JOSEPH ANTONY R5 BY SRI.KRISHNADAS P.NAIR, CGC R6 BY ADV. SRI. G.S.REGHUNATH(B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -12- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** **WA.No.406 OF 2020** **AGAINST THE JUDGMENT DATED 24-01-2020 IN WP(C) 6410/2019(A) OF HIGH COURT OF KERALA** ## **APPELLANT/5TH ADDL. RESPONDENT:** **KERALA STATE ELECTRICITY BOARD WORKERS ASSOCIATION, (CITU) HAVING ITS REGISTERED OFFICE AT BTR MEMORIAL MELE THAMPANNUR THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY.** **BY ADV. SRI.P.C.SASIDHARAN** ## **RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 4 & 6:** - **1 SANTHOSH N.C., AGED 48 YEARS, S/O.LATE CHANDRASEKHARAN NAIR, (EMP CODE 1052684) SUB ENGINEER, 110 KV SUB STATION, KANDANAD, RESIDING AT NADUVILE VEEDU, CHOTTANIKKARA P.O., ERNAKULAM - 683 312.** - **2 SHAJU GEORGE JOSEPH, S/O.M.T.GEORGE (EMP CODE 1047446) OVERSEER, ELECTRICAL SECTION, ALUVA WEST, THOTTAKKATTUKARA, RESIDING AT MUNDANCHERY HOUSE, ERUMATHALA P.O., CHUNGAMVELY, ALUVA - 683 112.** - **3 EMMANUAL ANTONY N.N., S/O.VARGHESE N.M. (EMP CODE 1054369) SUB ENGINEER, ELECTRICAL SECTION, ELOOR, RESIDING AT NELKUNNASSERY HOUSE, EZHIKKARA P.O., KADAKKARA SOUTH, NORTH PARAVOOR, PIN - 683 513.** - **4 JEBIN C.RAJU, S/O.C.V.RAJU (EMP CODE 1070122), SUB ENGINEER, ELECTRICAL SECTION, KUNNAMKULAM BBR, RESIDING AT CHERUPANAKAL HOUSE, KAKKAD, KUNNAMKULAM P.O., PIN - 680 503.** W.A No.223/2020 and connected cases -13- - **5 SARUN S.S., S/O.S.K.SUBRAMANIAN (EMP CODE 1103742) SUB ENGINEER, ELECTRICAL DIVISION, PORINGALKUTHU, RESIDING AT SASTHAMKUDAM HOUSE, NELLAI P.O., KOLATHUR, THRISSUR -680 305.** - **6 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM - 695004.** - **7 THE CHIEF ENGINEER(HRM), KERALA STATE ELECTRICITY BOARD LTD., VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM - 695 004.** - **8 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, POWER (A) DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **9 THE CENTRAL ELECTRICITY AUTHORITY, SEVA BHAVAN, R.K.PURAM, NEW DELHI - 110 066.** - **10 THE KERALA ELECTRICITY WORKERS FEDERATION, REG. NO.REPRESENTED BY ITS GENERAL SECRETARY 695 001.** **R1-5 BY ADV. SRI.P.RAVINDRAN (SR.) R1-5 BY ADV. SRI.SREEDHAR RAVINDRAN R1-5 BY ADV. SMT.APARNA RAJAN R6-7 BY ADV. SRI.RAJU JOSEPH (SR.) R6-7 BY ADV. SRI.C.JOSEPH ANTONY R8 BY GOVERNMENT PLEADER(B/O) R9 BY ADV. SRI.M.C.MONY,CGC (B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -14- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** ## **WA.No.435 OF 2020** **AGAINST THE JUDGMENT DATED 24-01-2020 IN WP(C) 6410/2019(A) OF HIGH COURT OF KERALA** ## **APPELLANT/RESPONDENT No.3:** **STATE OF KERALA** **REPRESENTED BY ITS SECRETARY TO GOVERNMENT, POWER (A) DEPARTMENT, THIRUVANANTHAPURAM-695 001.** **BY SR.GOVERNMENT PLEADER SRI. P.N. SANTHOSH** ## **RESPONDENTS/PETITIONERS/RESPONDENTS 1,2,4,5 & 6:** - **1 SANTHOSH.N.C S/O. LATE CHANDRASEKHARAN NAIR, (EMPCODE.1052684), SUB ENGINEER, 110 KV SUB STATION, KANDANAD RESIDING AT NADUVILE VEEDU, CHOTTANIKKARA P.O., ERNAKULAM682 312.** - **2 SHAJU GEORGE JOSEPH S/O. M.T. GEORGE JOSEPH, (EMP CODE-1047446) OVERSEER, ELECTRICAL SECTION, ALUVA WEST, THOTTAKKATTUKARA, RESIDING AT MUNDANCHERY (H), ERUMATHALA P.O., CHUNGAMVELY, ALUVA-683 112.** - **3 EMMANUAL ANTONY N.N. S/O. VARGHESE N.M., SUB ENGINEER, ELECTRICAL SECTION, ELOOR 683 513.** - **4 JEBIN C. RAJU S/O. C.V.RAJU, SUB ENGINEER, ELECTRICAL SECTION, KUNNAMKULAM BBR, RESIDING AT CHERUPANAKAL (H), KAKKAD-680503.** - **5 SARUN S.S. S/O. S.K.SUBRAMANIAN, SUN ENGINEER, ELECTRICAL DIVISION, PORINGALKUTHU, RESIDING AT SASTHAMKUDAM (H), NELLAI P.O., KOLATHUR, THRISSUR-680 305.** W.A No.223/2020 and connected cases -15- - **6 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-695 004.** - **7 THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LTD., VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-695 004.** - **8 THE CENTRAL ELECTRICITY AUTHORITY SEVA BHAVAN, R.K.PURAM, NEW DELHI-110 066.** - **9 KERALA STATE ELECTRICITY BOARD WORKERS ASSOCIATION (CITU), HAVING ITS REGISTERED OFFICE AT BTR MEMORIAL MELE THAMPANNUR, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY-695 004.** - **10 THE KERALA ELECTRICITY WORKERS FEDERATION REG.NO.REPRESENTED BY ITS GENERAL SECRETARY, THIRUVANANTHAPURAM-695 004.** **R1-5 BY ADV. SMT. APARNA RAJAN(B/O) R6-7 BY ADV. SRI. JOSEPH ANTONY(B/O) R8 BY ADV. SRI. M.C MONY,CGC(B/O) R10 BY ADV. SRI.V. VENUGOPALAN NAIR(B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -16- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** **WA.No.472 OF 2020** **AGAINST THE JUDGMENT DATED 24-01-2020 IN WP(C) 6410/2019(A) OF HIGH COURT OF KERALA** **APPELLANT/ADDL.6TH RESPONDENT:** **THE KERALA ELECTRICITY WORKERS FEDERATION REPRESENTATION BY ITS GENERAL SECRETARY, J. CHITHARAJAN SMARAKAM, W AND C HOSPITAL ROAD, THYCAUD, THIRUVANANTHAPURAM.** **BY ADV. SRI.V.VENUGOPALAN NAIR** ## **RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 5** - **1 SANTHOSH N.C. AGED 48 YEARS, S/O LATE CHANDRASEKHARAN NAIR, (EMP CODE 1052684) SUB ENGINEER, 110 KV SUB STATION, KANDANAD,RESIDING AT NADUVILE VEEDU, CHOTTANIKKARA P.O.ERNAKULAM-682 312** - **2 SHAJU GEORGE JOSEPH, S/O M.T.GEORGE,(EMP CODE 1047446)OVERSEER, ELECTRICAL SECTION, ALUVA WEST, THOTTAKKATTUKARA,RESIDING AT MUNDANCHERY HOUSE, ERUMATHALA P.O.CHUNGAMVELY, ALUVA-683 112.** - **3 EMMANUAL ANTONY N.N S/O VARGHESE N.M, (EMP CODE 1054369)SUB ENGINEER, ELECTRICAL SECTION, ELOOR, RESIDING AT NELKUNNASSERY HOUSE, EZHIKKARA P.O.KADAKKARA SOUTH, NORTH PARAVOOR, PIN 683 513.** - **4 JEBIN C RAJU, S/O C.V.RAJU, (EMP CODE 1070122), SUB ENGINEER, ELECTRICAL SECTION, KUNNAMKULAM BBR, RESIDING AT CHERUPANAKAL HOUSE, KAKKAD, KUNNAMKULAM P.O. PIN 680 503.** W.A No.223/2020 and connected cases -17- - **5 SARUN S.S, S/O S.K.SUBRAMANIAN, (EMP CODE 1103742) SUN ENGINEER, ELECTRICAL DIVISION, PORINGALKUTHU,RESIDING AT SASTHAMKUDAM HOUSE, NELLAI P.O.KOLATHUR, THRISSUR 680 305.** - **6 KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY ITS SECRETARY,VYDHUTHI BHAVAN,PATTAM,THIRUVANANTHAPURAM-695 004** - **7 THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LTD, VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-695 004.** - **8 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, POWER (A) DEPARTMENT, THIRUVANANTHAPURAM-695 001.** - **9 THE CENTRAL ELECTRICITY AUTHORITY SEVA BHAVAN, R.K.PURAM, NEW DELHI 110 066** - **10 KEALA STATE ELECTRICITY BOARD WORKERS ASSOCIATION, (CITU) HAVING ITS REGISTERED OFFICE AT BTR MEMORIAL MELE THAMPANNUR, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.** **R6-7 BY SRI. ASOK M.CHERIYAN, SC, KSEB** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -18- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** **WA.No.581 OF 2020** **AGAINST THE JUDGMENT DATED 24-01-2020 IN WP(C) 6410/2019(A) OF HIGH COURT OF KERALA** ## **APPELLANTS/SPECIAL LEAVE PETITIONERS:** **1 VIDHYDHARAN T.K AGED 41 YEARS SON OF KUTTAPPAN T.A.WORKING AS LINE MAN (GRADE 1), KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, GIRI NAGAR AND RESIDING AT THALAKANDATHARA, NEAR AMBEDKAR STADIUM, KOCHI-682 035.** **2 BIJU M.J, AGED 47 YEARS SON OF M.M. JAYAN, MATTAMAL HOUSE, SOUTH CHITTOR, KOCHI-682 027, AND WORKING AS LINE MAN (GRADE 11), KERALA STATE ELECTRICITY BOARD, CHERANALOOR.** **3 ARUN N.T AGED 37 YEARS SON OF N.K.THANKAPPAN, NIKKATHIL HOUSE, ANANTHAPURAM, KOMBARA, KOCHI-682 018 AND WORKING AS ELECTRICITY WORKER, KERALA STATE ELECTRICITY BOARD, ERNAKULAM CENTRAL SECTION.** **4 LEESH C.L AGED 46 YEARS** **SON OF LAKSHMANAN, CHALAYAKODATHU HOUSE, VAYATHIRI LANE PADIVATTOM, EDAPPALLY POST, KOCHI-682 024, WORKING AS OVERSEER, KERALA STATE ELECTRICITY BOARD, MULANTHURUTHY ELECTRICAL SECTION.** **BY ADVS. SRI.N.ANAND SRI.N.KRISHNA PRASAD** W.A No.223/2020 and connected cases -19- ## **RESPONDENTS/PETITIONERS 1 TO 5 & RESPONDENTS 1 TO 6:** - **1 SANTHOSH N.C AGED 48 YEARS, S/O LATE CHANDRASEKHARAN NAIR, (EMP CODE 1052684) SUB ENGINEER, 110 KV SUB STATION, KANDANAD RESIDING AT NADVILE VEEDU, CHOTTANIKKARA P.O.ERNAKULAM-682 312.** - **2 SHAJU GEORGE JOSEPH, S/O M.T.GEORGE, (EMP CODE 1047446), OVERSEER, ELECTRICAL SECTION, ALUVA WEST, THOTTAKKATTUKARA, RESIDING AT MUNDANCHERY HOUSE, ERUMATHALA P.O.CHUNGAMVELY, ALUVA-683 112.** - **3 EMMANUAL ANTONY N.N. S/O VARGHESE N.M, (EMP CODE 1054369) SUB ENGINEER, ELECTRICAL SECTION, ELOOR, RESIDING AT NELKUNNASSERY HOUSE, EZHIKKARA P.O.KADAKKARA SOUTH NORTH PARAVOOR, PIN-683 513.** - **4 JEBIN C RAJU, S/O C.V.RAJU,(EMP CODE 1070122) SUB ENGINEER, ELECTRICAL SECTION, KUNNAMKULAM BBR, RESIDING AT CHERUPANAKAL HOUSE, KAKKAD, KUNNAMKULAM P.O.PIN-680 503.** - **5 SARUN .S.S S/O S.K.SUBRAMANIAN, (EMP CODE 1103742) SUB ENGINEER, ELECTRICAL DIVISION, PORINGALKUTHU, RESIDING AT SASTHAMKUDAM HOUSE, NELLAI P.O.KOLATHUR, THRISSUR-680 305.** - **6 KERALA STATE ELECTRICTY BOARD LTD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-695 004.** - **7 THE CHIEF ENGINNER (HRM) KERALA STATE ELECTRICITY BOARD LTD, VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-695 004.** - **8 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, POWER (A) DEPARTMENT, THIRUVANANTHAPURAM-695 001.** - **9 THE CENTRAL ELECTRICITY AUTHORITY, SEVA BHAVAN, R.K.PURAM, NEW DELHI-110 066.** - **10 KERALA STATE ELECTRICITY BOARD WORKERS ASSOCIATION (CITU), HAVING ITS REGISTERED OFFICE AT BTR MEMORIAL MELE THAMPANNUR, THIRUVANANTHAPURAM-695 002, REPRESENTED BY ITS GENERAL SECRETARY** W.A No.223/2020 and connected cases -20- **11 THE KERALA ELECTRICITY WORKERS FEDERATION, REPRESENTED BY ITS GENERAL SECRETARY, J CHITARANJAM, SMARAKAM, W AND C HOSPITAL ROAD, THAYACAUD, THIRUVANANTHAPURAM-695 002.** **R1-5 BY ADV. SMT.APARNA RAJAN(B/O) R1-5 BY ADV. SRI.P.RAVINDRAN (SR.) R1-5 BY ADV. SRI.SREEDHAR RAVINDRAN R1-5 BY ADV. SMT.APARNA RAJAN R6-7 BY ADV. SRI. JOSEPH ANTONY(B/O) R6-7 BY SRI. ASOK M.CHERIYAN, SC, KSEB R8 BY GOVT.PLEADER(B/O) R9 BY ADV. CENTRAL GOVT. COUNSEL(B/O) R10-11 BY ADV. SRI.G.S. REGHUNATH(B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -21- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** **WA.No.612 OF 2020** **AGAINST THE JUDGMENT DATED 24-01-2020 IN WP(C) 6723/2019(M) OF HIGH COURT OF KERALA** ## **APPELLANT/3RD PARTY:** **KERALA STATE ELECTRICITY BOARD, WORKERS ASSOCIATION, (CITU), HAVING ITS REGISTERED OFFICE AT BTR MEMORIAL MELE THAMPANNUR, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY.** **BY ADV. SRI.P.C.SASIDHARAN** ## **RESPONDENTS/PETITIONERS & RESPONDENTS:** **1 MUHAMMED A.A., AGED 42 YEARS, S/O. ABDUL RAHIM A.M., WORKING AS LINEMAN GRADE 1, ELECTRICAL SECTION, PUNNAMPARAMBU, KERALA STATE ELECTRICITY BOARD LTD., RESIDING AT AMMANATH, CHEMBODU, PANANGATTUKARA P.O., THRISSUR DISTRICT, PIN-680623. 2 ABHILASH K.B., AGED 40 YEARS, S/O. BALAN K.G., WORKING AS LINE MAN GRADE I, ELECTRICAL SECTION, PAVARATTY, KERALA STATE ELECTRICITY BOARD LTD., RESIDING AT KADAVIL HOUSE, PAMBOOR, KUTTUR P.O., PIN-680013. 3 ROBERT P., AGED 49 YEARS, S/O. PONNAYYAN, WORKING AS OVERSEER, ELECTRICAL SECTION, PALODE, KERALA STATE ELECTRICITY BOARD LTD., RESIDING AT THADATHARIKATH VEEDU, KARIMKADA, CHULLIMANOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM-695541.** W.A No.223/2020 and connected cases -22- **4 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **5 KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR OR/AND SECRETARY, KERALA STATE ELECTRICITY BOARD LTD., VAIDHYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-695004.** - **6 THE CENTRAL ELECTRICITY AUTHORITY SEVA BHAVAN, R.K. PURAM, NEW DELHI-110066.** **7 GENERAL SECRETARY, UNITED DEMOCRATIC ELECTRICITY EMPLOYEES FRONT, REGISTRATION NO.01-1/2003, V.P.MARAKKAR SMARAKA MANDIRAM, AMBUJAVILASOM ROAD, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM-695001.** **R1 BY ADV. ADV.T.T RAKESH(B/O) R4 BY GOVERNMENT PLEADER(B/O) R5 BY SRI. ASOK M.CHERIYAN, SC, KSEB R6 BY ADV. CENTRAL GOVERNMENT STANDING COUNSEL(B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -23- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** ## **WA.No.613 OF 2020** **AGAINST THE JUDGMENT DATED 24-01-2020 IN WP(C) 6922/2019(M) OF HIGH COURT OF KERALA** ## **APPELLANT/3RD PARTY:** **KERALA STATE ELECTRICITY BOARD WORKERS ASSOCIATION (CITU), HAVING ITS REGISTERED OFFICE AT BTR MEMORIALMELE THAMPANNUR, THIRUVNANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY.** **BY ADV. SRI.P.C.SASIDHARAN** ## **RESPONDENTS/PETITIONERS & RESPONDENTS:** - **1 GIREESH PRABHA R.P., AGED 42 YEARS, LINEMAN GRADE I, ELECTRICAL SECTION, MALEYINKEEZHU, THIRUVANANTHAPURAM-695571.** - **2 BHUVANEDRAN A., LINEMANGR.I, ELECTRICAL SECTION, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695304.** - **3 RAJENDRAN P.R., LINEMAN GR.I, ELECTRICAL SECTION, KARIMANOOR, IDUKKI DISTRICT-685581.** - **4 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **5 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD LTD., VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** W.A No.223/2020 and connected cases -24- - **6 THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LTD., VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.** - **7 THE CENTRAL ELECTRICITY AUTHORITY, SEVA BHAVAN, P.K. PURAM, NEW DELHI-110066.** **R5-6 BY SRI. ASOK M.CHERIYAN, SC, KSEB** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-06-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-072020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -25- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 14TH DAY OF JULY 2020 / 23RD ASHADHA, 1942** **WP(C).No.11952 OF 2017** ## **PETITIONERS:** **1 CHANDRASEKHARAN K.R., AGED 48 YEARS S/O RAMAKRISHNA MARAR, SUB ENGINEER TRAINEE, ELECTRICAL SECTION, MANJALLOOR, MUVATTUPUZHA DIVISION, RESIDING AT KUTTIKKATTIL HOUSE, THRIKKALATHOOR PO, ERNAKULAM-683 541. 2 UDAYAKUMAR P.K AGED:48 YEARS, S/O KUMARAN, SUB ENGINEER TRAINEE, ELECTRICAL SECTION, NORTH PARAVUR, RESIDING AT POTTAYIL HOUSE, CHERIYAPPILLY, KAITHARAM PO, NORTH PARAVUR-683519 3 MANOJ M AGED;38 YERS, S/O M S MOHANAS (LATE), SUB ENGINEER TRAINEE, ELECTRICAL SECTION, MANNAM, RESIDNG AT DEVANANDANAM, KAKUNGALLOOR PO, ALUVA, ERNAKULAM.** **4 K.R DEVADAS AGED:50 YEARS, S/O K S RAGHAVAN, SUB ENGINEER TRAINEE, ELECTRICAL SECTION, AMMADAM, RESIDING AT KARIPPARA HOUSE, P.O.CHAZHUR, THRISSUR DISTRICT** **5 SAVUDHEEN P.K AGED 43 YEARS** **S/O KOCHUMON PM, SUB ENGINEER TRAINEE, ELECTRICAL SECTION THRIPRAYAR, RESIDING AT PUTHIYARAVEETTIL HOUSE, VALAPPAD PO, THRISSUR-680567** **BY ADVS. SRI.K.RAMAKUMAR (SR.) SMT.ASHA BABU SMT.R.S.ASWINI SANKAR SRI.S.M.PRASANTH** W.A No.223/2020 and connected cases -26- ## **SRI.T.RAMPRASAD UNNI SRI.SABIN BABU** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT, THIRUVNANTHAPURAM-695 001.** - **2 THE KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY, "VYDYUTHI BHAVANAM", PATTOM, THIRUVANANTHAPURAM-695004** - **3 THE CHIEF ENGINEER HRM KERALA STATE ELECTRICITY BOARD LTD, "VYDYUTHI BHAVANAM", PATTOM, THIRUVANANTHAPURAM-695004** - **4 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004** - **5 THE SAFETY OFIFCER, CHIEF ENGINEER-I.T. KERALA STATE ELECTRICITY BOARD LTD, "VYDYUTHI BHAVANAM", PATTOM, THIRUVANANTHAPURAM-695004** - **6 THE SAFETY DIRECTOR DISTRIBUTION GENERATION KERALA STATE ELECTRICITY BOARD LTD, "VYDYUTHI BHAVANAM", PATTOM, THIRUVANANTHAPURAM-695004** - **7 THE CHIEF ELECTRICAL INSPECTOR HOUSING BOARD BUILDING, THIRUVANANTHAPURAM-695001** - **8 THE CENTRAL ELECTRICITY AUTHORITY SEVA BHAVAN, R K PURAM, NEW DELHI-110066** - **9 MR SHAJAHAN E SUB ENGINEER, TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY, KANNUR-670001** - **10 MR BABU K SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD, RESIDING AT "SOWPARNIKA", KAIRALI NAGAR 29, SANTHITHODIYIL, KILIKOLLOOR PO, KOLLAM-691004** - **11 MR. MAJEED P S SUB ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL DIVISION, TRIPUNITHURA-682301** W.A No.223/2020 and connected cases -27- - **12 ADDL. R12. K.J.FRANCIS, S/O.K.S.JOHN, AGED 55 YEARS, METER READER, KERALA STATE ELECTRICITY BOARD,ELECTRICAL SECTION, NADATHARA, RESIDING AT KUNNUMUTTATHU HOUSE, VADAKKUMPADAM, PATTIKKAD POST, THRISSUR - 680 652.** - **13 ADDL. R13. RAJESH C., METER READER, ELECTRICAL SECTION, KSEB LTD., ELAPPALLY, PALAKKAD.** **(ADDITIONAL R12 AND R13 ARE IMPLEADED AS PER ORDER DATED 28/05/2018 IN IA NO.7208/18 AND IA NO.7393/2018 RESPECTIVELY)** - **14 ADDL.R14 - DASAN T.K., EMPLOYEE CODE NO.1033746, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KALAMASSERY, ERNAKULAM - 682 025.** - **15 ADDL.R15 - SIVAPRASAD R., EMPLOYEE CODE NO.1033574, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KEERAMPARA, ERNAKULAM - 686 681.** - **16 ADDL.R16- SURESH KUMAR B., EMPLOYEE CODE NO.1037414, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KAZHAKKOOTAM, THIRUVANANTHAPURAM - 695 582.** - **17 ADDL.R17 - PRATHEEP KUMAR V., EMPLOYEE CODE NO.1037994, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, POTHENCODE, THIRUVANANTHAPURAM -685 584.** - **18 ADDL.R18- SHAJI R., EMPLOYEE CODE NO.1040079, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, BEACH, THIRUVANANTHAPURAM - 695 024.** - **19 ADDL.R19 - AJITH KUMAR T.K., EMPLOYEE CODE NO.1040895, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, BEYPORE, FEROKE - 673 015.** - **20 ADDL.R20 - ANIL KUMAR V., EMPLOYEE CODE NO.1042031, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KADAPPAKKADA ASHAMAM - 691 002.** W.A No.223/2020 and connected cases -28- - **21 ADDL.R21 - JAYAPAL G., EMPLOYEE CODE NO.1044054, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PALA, KOTTAYAM - 686 575.** - **22 ADDL.R22 - SUDHEER KUMAR T.R., EMPLOYEE CODE NO.1041622, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., TRANSMISSION CIRCLE, POOVANTHURUTH, KOTTAYAM - 686 012.** - **23 ADDL.R23 - SHAJI K.L., EMPLOYEE CODE NO.1044733, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KURUPPUMTHARA - 686 003.** - **24 ADDL.R24 - BIJUKUMAR, EMPLOYEE CODE NO.1041447, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, RANNI, PERUNADU - 689 673.** - **25 ADDL.R25- PEARSON N.CHACKO, EMPLOYEE CODE NO.1041457, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, NATTAKAM, KOTTAYAM - 686 013.** - **26 ADDL.R26 - SUNIL G., EMPLOYEE CODE NO.1042030, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, AAYOOR, KOLLAM - 691 533.** - **27 ADDL.R27 - SREEKUMAR K.N., EMPLOYEE CODE NO.1042534, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PATHANADU - 686 542.** - **28 ADDL.R28 - MUHAMMED MUSTHAFA RAWTHER M., EMPLOYEE CODE NO.1042074, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PANTHALAM, PATHANAMTHITTA - 691 525.** - **29 ADDL.R29 - BADAURUDHEEN, EMPLOYEE CODE NO.1042061, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PALODE, THIRUVANANTHAPURAM - 695 562.** - **30 ADDL.R30 - SHAJI V.C., EMPLOYEE CODE NO.1042754, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, MUNDAKKAYAM - 686 513.** W.A No.223/2020 and connected cases -29- - **31 ADDL.R31 - ROY MATHEW, EMPLOYEE CODE NO.1042715, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PERUVANTHANAM, WORKING ARRANGEMENT AT VANDIPERIYAR - 685 533.** - **32 ADDL.R32 - SURESH R., EMPLOYEE CODE NO.1041451, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KOTTAYAM CENTRAL - 686 002.** - **33 *ADDL.R33 - SREEKUMAR C., [DELETED] EMPLOYEE CODE NO.1042047, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, MANAPALLY, WORKING ARRANGEMENT AT ELECTRICAL SECTION OCHIRA - 690 526.** - **34 ADDL.R34 -RAMAKRISHNAPILLAI S., EMPLOYEE CODE NO.1042477, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., 110KV SUB STATION, CHENGANNOOR - 689 121.** - **35 ADDL.R35 - VIJAYAN UNNITHAN K., EMPLOYEE CODE NO.1041766, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KALLAMBALAM, THIRUVANANTHAPURAM - 695 605.** - **36 ADDL.R36 - AJITHKUMAR K., EMPLOYEE CODE NO.1042815, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., METER TESTING SUB DIVISION, 110 KV SUB STATION, KUNDARA, KOLLAM - 691 501.** - **37 ADDL.R37 -UNNIKRISHNAN C., EMPLOYEE CODE NO.1040772, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PONNANI, MALAPPURAM - 679 577.** - **38 ADDL.R38- JOSE T.T., EMPLOYEE CODE NO.1043347, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VELANTHAVALAM, PALAKKAD - 678 557.** - **39 ADDL.R39 - SUNILKUMAR K.M., EMPLOYEE CODE NO.1042690, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, THIRUVANIYOOR, ERNAKULAM - 682 308.** W.A No.223/2020 and connected cases -30- - **40 ADDL.R40 - ELDHO P.U., EMPLOYEE CODE NO.1041242, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KOTHAMANGALAM - 1, ERNAKULAM - 666 691.** - **41 ADDL.R41 - TERENCE THOMAS V.G., EMPLOYEE CODE NO.1046515, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, EDAPPALLY, ERNAKULAM - 682 024.** - **42 ADDL.R42 - SYMENSON PATRIC BIVERA, EMPLOYEE CODE NO.1047123, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VADUTHALA, ERNAKULAM - 682 023.** - **43 ADDL.R43 - SHAJI M.S., EMPLOYEE CODE NO.1043364, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, THRIPUNITHURA, ERNAKULAM - 682 301.** - **44 ADDL.R44 - AJAY DEV K.S., EMPLOYEE CODE NO.1042780, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VAIKOM, KOTTAYAM - 686 141.** - **45 ADDL.R45 - ABDUL SALAM N.B., EMPLOYEE CODE NO.1042457, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, MATTANCHERRY, ERNAKULAM - 682 002.** - **46 ADDL.R46 - SURESH K., EMPLOYEE CODE NO.1041086, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, NORTH PARAVUR, ERNAKULAM - 683 513.** - **47 ADDL.R47 - PRKASHAN C.K., EMPLOYEE CODE NO.1042527, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, IDAMALAYAR, ERNAKULAM - 686 681.** - **48 ADDL.R48 - ELDHO PAUL, EMPLOYEE CODE NO.1042520, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., 110 KV SUB STATION, KIZHAKKAMBALAM, ERNAKULAM 683 562.** - **49 ADDL.R49 - RAMESAN K.P., EMPLOYEE CODE NO.1042806, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, UDAYAMPEROOR, ERNAKULAM - 682 307.** W.A No.223/2020 and connected cases -31- - **50 ADDL.R50 - SHAJEE VARKEY C., EMPLOYEE CODE NO.1042152,** - **SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, NELLIYAMPATHY, WORKING ARRANGEMENT AT VELANTHAVALAM, PALAKKAD - 678 557.** - **51 ADDL.R51 - SAJU K.J., EMPLOYEE CODE NO.1043611,** - **SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, GIRINAGAR, ERNAKULAM - 682 020.** - **52 ADDL.R52 - BABU JOHN, EMPLOYEE CODE NO.1046193,** - **SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., T C SECTION, TRIPUNITHURA, ERNAKULAM - 682 301.** - **53 ADDL.R53 - ANILKUMAR V., EMPLOYEE CODE NO.1043361, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., 66 KV GIS SUB STATION, FORT KOCHI, ERNAKULAM - 682 001.** - **54 ADDL.R54 - SAJEEVAN K.V., EMPLOYEE CODE NO.1043612, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., 110 KV SUB STATION, ERNAKULAM NORTH, ERNAKULAM - 682 018.** - **55 ADDL.R55 - JAYAKUMAR K.G., EMPLOYEE CODE NO.1042334, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VALLIKUNNU, THIRURANGADI, MALAPPURAM - 673 314.** - **56 ADDL.R56 – SIVAPRASAD P.K., EMPLOYEE CODE NO.1043349, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, MUTHULAMADA, WORKING ARRANGEMENT AT KOLLAMKODE, PALAKKAD - 678 506.** - **57 ADDL.R57 - RAVIKUMAR M.A., EMPLOYEE CODE NO.1042684, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, ALUVA TOWN, ERNAKULAM - 682 019.** - **58 ADDL.R58 - JOSEPH C.R., EMPLOYEE CODE NO.1043892, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VENNALA, ERNAKULAM - 682 028.** W.A No.223/2020 and connected cases -32- - **59 ADDL.R59- BAICIL V.P., EMPLOYEE CODE NO.1043617, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PALARIVATTOM, ERNAKULAM - 682 025.** - **60 ADDL.R60 - NAZIR K.H., EMPLOYEE CODE NO.1042407, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, ALUVA NORTH, ERNAKULAM - 683 101.** - **61 ADDL.R61 - VIJI GEORGE, EMPLOYEE CODE NO.1044863, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, MUTHUTHALA, PATTAMBI - 679 312.** - **62 ADDL.R62 - TITUS GEORGE C., EMPLOYEE CODE NO.1041836, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, EDATHALA, ERNAKULAM - 683 561.** - **63 ADDL.R63 - VOLTER XAVIER, EMPLOYEE CODE NO.1046191, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., SUB REGIONAL STORE, SHORNOOR, PALAKKAD - 679 122.** - **64 ADDL.R64 - SAJEEV KUMAR V.R., EMPLOYEE CODE NO.1044238, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ERNAKULAM APSRP DIVISION, ERNAKULAM - 682 020.** - **65 ADDL.R65 - VARGHESE M.J., EMPLOYEE CODE NO.1043619, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PERINGOTTUKURSI, ALATHUR, PALAKKAD - 678 762.** - **66 ADDL.R66 -JOSEPH N.X., EMPLOYEE CODE NO.1043176, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, ALUVA TOWN SECTION, ALUVA TOWN, ERNAKULAM - 682 019.** - **67 ADDL.R67 - BABURAJ K., EMPLOYEE CODE NO.1042254, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, NALLOMPUZHA, KANJANGAD, KASARAGOD - 671 315.** **68 ADDL.R68 - PRABHAKARAN K., EMPLOYEE CODE NO.1044070, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, TALIPARAMBA, KANNUR - 670 141.** W.A No.223/2020 and connected cases -33- - **69 ADDL.R69 - ELDHO C.P., EMPLOYEE CODE NO.1043691, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VAZHAKULAM, ERNAKULAM - 686 670.** - **70 ADDL.R70 - DAMODARAN KUNDATHIL, EMPLOYEE CODE NO.1043495, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KARIVALLOOR, PAYYANNUR, KANNUR - 670 521.** - **71 ADDL.R71 - AJEESHKUMAR B., EMPLOYEE CODE NO.1043737, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KALLISSERI, CHENGANNOR - 689 121.** - **72 ADDL.R72 - MAHESH K.P., EMPLOYEE CODE NO.1044903, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, ALANGAD, KOTTAPPURAM, ERNAKULAM - 683 511.** - **73 ADDL.R73- ISMAIL M.A., EMPLOYEE CODE NO.1043122, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KARTHIKAPURAM, KANNUR - 670 571.** - **74 ADDL.R74 - MANOHARAN P.K., EMPLOYEE CODE NO.1042564, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KELAKAM, IRRITTY, KANNUR - 670 674.** - **75 ADDL.R75 - SUBAIR S., EMPLOYEE CODE NO.1044099, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KUMARAKAM, ALAPPUZHA - 686 563.** - **76 ADDL.R76 - SURENDRAN M.T., EMPLOYEE CODE NO.1044339, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PATHANAMTHITTA - 689 645.** - **77 ADDL.R77 - SUNDARARAJ K., EMPLOYEE CODE NO.1044338, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, UDAYANKULANGARA, NEYYATTINKARA - 695 132.** - **78 ADDL.R78 - DASSAN T., EMPLOYEE CODE NO.1044071, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, NELLIKKUNNU, KASARAGOD - 560 037.** W.A No.223/2020 and connected cases -34- - **79 ADDL.R79 - BENNY K.J., EMPLOYEE CODE NO.1043010, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, HARIPPAD, ALAPPUZHA - 688 523.** - **80 ADDL.R80 -JOSHY JOSEPH, EMPLOYEE CODE NO.1044245, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., SUB REGIONAL STORE, IRITTY, SREEKANDAPURAM, KANNUR - 670 703.** - **81 ADDL.R81 - STEPHEN P.T., EMPLOYEE CODE NO.1044904, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KUNNATUKAL, THIRUVANANTHAPURAM - 695 504.** - **82 ADDL.R82 - POLACHAN N.I., EMPLOYEE CODE NO.1043521, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., 66 KV GIS SUB STATION, MARINE DRIVE, ERNAKULAM - 682 035.** - **83 ADDL.R83 - MAHENDRA RAJ, EMPLOYEE CODE NO.1043091, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, MATTANNOOR, KANNUR - 670 702.** - **84 ADDL.R84 - ANIL KUMAR K., EMPLOYEE CODE NO.1042894, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VALAKAM, KOLLAM - 691 532.** - **85 ADDL.R85 - FIROZ S., EMPLOYEE CODE NO.1043074, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, ZOORANADU, KARUNAGAPPALLY, KOLLAM - 690 567.** - **86 ADDL.R86 - RADHAKRISHNAN P., EMPLOYEE CODE NO.1043087, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VANNAPURAM, THODUPUZHA, IDUKKI - 685 582.** - **87 ADDL.R87 - ANTONY XAVIER, EMPLOYEE CODE NO.1043141, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, ERATTUPETTAH, PALA, KOTTAYAM - 686 121.** - **88 ADDL.R88 - JAYAKUMAR J., EMPLOYEE CODE NO.1043112, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KALLOORKKADU, MUVATTUPUZHA, ERNAKULAM - 686 668.** W.A No.223/2020 and connected cases -35- - **89 ADDL.R89 - SREEKUMAR R.S., EMPLOYEE CODE NO.1044342, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KNIYAPURAM, THIRUVANANTHAPURAM - 695 301.** - **90 **ADDL.R90 - RAGHAVAN P.V., [DIED] EMPLOYEE CODE NO.1044073, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., TRANSMISSION SUB DIVISION, PAYYANNUR, KANNUR - 670 307.** - **91 ADDL.R91 - RAJEEV C., EMPLOYEE CODE NO.1043115, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KOOTTUPATHA, PALAKKAD - 679 534.** - **92 ADDL.R92 - PUSHPARAJAN P.K., EMPLOYEE CODE NO.1043925, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KUNNUKARA, ERNAKULAM- 683 578.** - **93 ADDL.R93 - ANIL KUMAR N., EMPLOYEE CODE NO.1043093, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PUNALUR, KOLLAM - 691 305.** - **94 ADDL.R94 - SAJU V.OOMMEN, EMPLOYEE CODE NO.1043802, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, SASTHAMKOTTA, KARUNAGAPPALLY - 690 521.** - **95 ADDL.R95- MANOHARAN P.V., EMPLOYEE CODE NO.1043539, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, CHAPPARAPADAVU, PAYYANNUR, KANNUR - 670 581.** - **96 ADDL.R96 - JAYAN M.P., EMPLOYEE CODE NO.1043874, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, BIG BAZAR, PALAKKAD - 678 012.** - **97 ADDL.R97 - OMANAKUTTAN, EMPLOYEE CODE NO.1043701, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., GENERATION SUB DIVISION, IDAMALAYAR, ERNAKULAM - 686 681.** - **98 ADDL.R98 - BALAKRISHNAN K.C., EMPLOYEE CODE NO.1042565, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VADAKARA NORTH - 673 101.** W.A No.223/2020 and connected cases -36- - **99 ADDL.R99 - PAVITHRAN, EMPLOYEE CODE NO.1043600, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, VALLITHODU, IRITTY, KANNUR -670 703.** - **100 ADDL.R100 - MURALEEDHARAN T.P., EMPLOYEE CODE NO.1043693, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PAZHAYANGADI, KANNUR -670 303.** - **101 ADDL.R101- ANILKUMAR K., EMPLOYEE CODE NO.1043110, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, PAZHAYANGADI, KANNUR - 670 303.** - **102 ADDL.R102 - AJAYKUMAR P., EMPLOYEE CODE NO.1044277, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, AZHIYOOR, VADAKARA - 673 309. ADDL.R14 TO R102 IMPLEADED AS PER ORDER DT. 24/05/19 IN I.A.NO.4/19 IN W.P.(C) 11952/17.** - **103 ADDL.R103.SURESH KUMAR M.R. OVERSEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., 110 KV SUB STATION, PERUMBAVOOR, ERNAKULAM - 683 542.** **ADDL.R103 IMPLEADED AS PER ORDER DATED 02.07.2019 IN I.A.NO.9/19 IN WP(C)NO.11952/17.** - **104 ADDL. R104. ASOKAN G.K. AGED 54 YEARS, S/O.KUNHIRAMAN K.T., OVERSEER, KERALA STATE ELECTRICITY BOARD LTD., 110 KV SUBSTATION, VATAKARA, RESIDING AT KUZHIKKAT HOUSE, KIZHUR, PAYYOLI, CANNANORE DISTRICT, PIN - 673 522.** - **105 ADDL.R105. RAJESH P.K., AGED 49 YEARS, S/O.ANANDAN K., OVERSEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, DHARMADOM, CANNANORE DISTRICT, PIN - 670 176.** - **106 ADDL.R106. JAYANATH K.S., AGED 53 YEARS, S/O.SREEDHARAN, OVERSEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, SHORNUR, RESIDING AT JAYA NIVAS, SHORNUR - 679 122** W.A No.223/2020 and connected cases -37- **107 ADDL.R107. ANSARI S., AGED 51 YEARS, S/O.SULAIMAN, OVERSEER, KERALA STATE ELECTRICITY BOARD LTD., 66 KV SUBSTATION, MEDICAL COLLEGE, PALAKKAD, RESIDING AT S.K.MAHAL, CHUNGAM, PERUVEMBU, PALAKKAD DISTRICT, PIN - 678 531. 108 ADDL.R108. ANILKUMAR K.V., AGED 49 YEARS, S/O.K.K.VASUDEVAN NAIR, OVERSEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, CHERUPUZHA, PAYYANNUR, PERMANENT ADDRESS - KANNANKARA, PANDANAD P.O., CHENGANNUR, ALLEPPEY DISTRICT, PIN - 689 506. 109 ADDL.R109. RAGHUNATHAN K.K., AGED 51 YEARS, S/O.KRISHNA PILLAI, OVERSEER, KERALA STATE ELECTRICITY BOARD LTD., 110 KV SUBSTATION, CHALAKUDY, RESIDING AT - KOZHIPURATH HOUSE, MELOOR P.O., POOLANI, TRICHUR DISTRICT, PIN - 680 311. 110 ADDL.R110. BABU C., AGED 52 YEARS, S/O.(LATE) THULASIRAM, OVERSEER, KERALA STATE ELECTRICITY BOARD LTD., KOVOOR P.O., MEDICAL COLLEGE, KOZHIKODE, RESIDING AT - QUARTER NO.E-3, 66 KV SUBSTATION, KSEB, VELLIPARAMBA P.O., KOZHIKODE - 673 008. ADDL.R104 TO R110 ARE IMPLEADED AS PER ORDER DATED 07.11.19 IN I.A.NO.11/19 IN WP(C)11952/17 (T). * ADDL.R33 IS DELETED AS PER ORDER DATED 14-07-2020 IN IA NO.10/2019. ** ADDL.R90 IS NO MORE HENCE DELETED AS PER ORDER DATED 14-07-2020 IN IA NO.10/2019. R1, R4, R7 BY GOVERNMENT PLEADER R2-3, R5-6 BY ADV. SRI.RAJU JOSEPH (SR.) R2-3, R5-6 BY SRI.GEORGEKUTTY MATHEW, SC, KSEB R8 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R10, R29, R41, R43, R46, R49-50, R56, R79, R96-98, R102 BY ADV. SRI.P.M.PAREETH R11 BY ADV. SRI.T.S.HARIKUMAR R11 BY ADV. SRI.P.B.SAHASRANAMAN R12 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R13 BY ADV. SRI.T.R.RAJAN R28, R80, R85-86, R93-94 BY ADV. SRI.T.T.RAKESH R38 BY ADV. SRI.J.JULIAN XAVIER R38 BY ADV. SRI.FIROZ K.ROBIN R103 BY ADV. DR.K.P.SATHEESAN (SR.) R103 BY ADV. SRI.P.MOHANDAS (ERNAKULAM)** W.A No.223/2020 and connected cases -38- **R103 BY ADV. SRI.S.VIBHEESHANAN R103 BY ADV. SRI.K.SUDHINKUMAR R103 BY ADV. SRI.S.K.ADHITHYAN R103 BY ADV. SRI.SABU PULLAN R104 BY ADV. SRI.T.C.GOVINDA SWAMY R104-110 BY ADV. SMT.KALA T.GOPI R104-110 BY ADV. SRI.SAJEEVAN KURUKKUTTIYULLATHIL** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1906-2020, ALONG WITH WA.223/2020 AND CONNECTED CASES, THE COURT ON 14-07-2020 DELIVERED THE FOLLOWING:** W.A No.223/2020 and connected cases -39- **'C.R.'** ## **J U D G M E N T** Dated this the 14[th] day of July, 2020 ## Gopinath, J: The Electricity Act of 2003 (hereinafter referred to as the '2003 Act') came into force on 10-06-2003. This Act repealed (i) the Indian Electricity Act, 1910; (ii) the Electricity (Supply) Act, 1948 and (iii) the Electricity Regulatory Commissions Act, 1998. The preamble of the Electricity Act, 2003 reads as follows; _“An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalization of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto.”_ 2. The Kerala State Electricity Board (hereinafter also referred to as 'the Board') was constituted in terms of the provisions contained in the Electricity (Supply) Act, 1948. Part XIII of the 2003 Act deals with reorganization of Boards constituted in terms of the Electricity (Supply) Act, 1948. The provisions of Part XIII of the 2003 Act provide for vesting of the properties of the Board including all rights, liabilities etc., in the concerned State Government and re-vesting of the same by the State Government in a W.A No.223/2020 and connected cases -40- Government Company or Companies. Provisions have also been made regarding the officers and employees of the Board and their continuance in the new entity which, as stated above was to be a Government company. As far as the State of Kerala is concerned, the re-vesting in a Government company took place on 31-10-2013. The Government Company was registered on 14-01-2011 as the Kerala State Electricity Board Ltd. (hereinafter also referred to as 'KSEBL') under the Companies Act, 1956. 3. In these writ appeals and the connected writ petition we are essentially concerned with the validity or otherwise of an order issued by the Government of Kerala bearing No. G.O (P) No.1/2019/ED Dated 1302-2019 issued in exercise of power relatable to Regulation 116 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 (hereinafter also referred to as the 'Safety Regulations) and also with the question as to whether Regulation 116 of the Safety Regulations itself, was _ultra vires_ the rule making power of the Central Electricity Authority (the author of the Safety Regulations). Through the order dated 13-02-2019 the Government of Kerala granted an exemption to employees of the KSEBL from the qualifications prescribed in Regulations 6 & 7 of the Safety Regulations. This action of the Government of Kerala and Regulation 116 of the Safety Regulations were therefore challenged before this Court. The learned Single Judge has accepted the case put forth and granted the declaration sought. It was _inter alia_ held W.A No.223/2020 and connected cases -41- that the Central Electricity Authority had no power to issue any Regulation in the nature of Regulation 116 and that the order dated 13-02-2019 granting the exemption, as above, was bad in law. The appellants before us challenge the judgment of the learned Single Judge while the writ petition which has been tagged along with these appeals is filed seeking reliefs similar to those granted by the learned Single Judge. 4. W.A. No.223/2020 arising out of W.P (C) No.6410/2019 has been filed by the KSEBL and one of its officers. This writ appeal is taken as the lead case and the exhibits etc referred to in this judgment refer to exhibits produced in W.P (C) No.6410/2019. Since the issues arising for consideration are purely legal we do not deem it necessary to make any reference to the individual facts in each of these cases except to note that the issue arises on account of the dispute raised by those qualified in terms of Regulations 6 & 7 of the Safety Rules regarding promotions granted to persons who do not hold the qualifications prescribed in those Regulations, under the cover of the Government order dated 13-02-2019 issued under Regulation 116 of the Safety Regulations. 5. We have heard Sri. Raju Joseph, learned Senior Counsel, instructed by Mr. Joseph Antony for the appellant KSEBL, Sri. P.C. Sasidharan, Sri. T.C. Govindaswamy and Sri. G.S. Reghunath, for the appellants in the connected writ appeals and Sri. P. Raveendran, learned Senior Counsel instructed by Smt. Aparna Rajan for the contesting W.A No.223/2020 and connected cases -42- respondents in the Writ Appeals and Sri. S.M. Prasanth, learned counsel appearing for the petitioners in W.P. (C) No.11952/2017. 6. The case of the appellants before us, _inter alia_ , is that the provisions of Section 133 of the Electricity Act, 2003 provide that the concerned State Government may, in terms of the transfer scheme framed under Section 131 provide for the transfer of officers and employees to the Government Company formed in terms of the provisions in Section 131 (here KSEBL). On the vesting of the properties, rights and liabilities on such transferee under Section 131 under the scheme for transfer, the officers and employees shall hold office under the transferee on such terms and conditions as may be determined in the transfer scheme. It is submitted that the proviso to Section 133 makes it amply clear that the terms and conditions applicable to those transferred shall not in any way be less favorable than those which would have been applicable if there had been no such transfer. It is contended that the Safety Regulations have been framed in exercise of the power conferred on the Central Electricity Authority in terms of Section 177 read with Section 53 of the 2003 Act and since Section 53 deals only with aspects of safety, Regulations 6 & 7 of the Safety Regulations cannot be read as constituting any hurdle in the operation of the scheme. According to the appellants, the rule making power of the Central Authority is subject to the condition that any such Regulation shall be consistent with the provisions of the 2003 Act and W.A No.223/2020 and connected cases -43- therefore that the power to make Regulations under Section 177 will be subject to the provisions of Sections 131/133 of the Act and any scheme made thereunder. It is submitted that the provisions of the settlement which form part of the transfer scheme as can be seen from Exts.R2 (a) & R2 (b) (produced along with counter affidavit filed by the KSEBL in W.P (C) No.6410/2019) are relatable to Section 133 and particularly to the proviso to that Section and therefore the terms contained therein must prevail over any contrary stipulation in the Safety Regulations. It is submitted that the provisions of the Electricity Act or any Regulation framed there under cannot override the terms of a binding settlement entered into and enforceable in terms of the provisions of the Industrial Disputes Act, 1947. It is also submitted that since the 2003 Act contained provisions relating to vesting and re-vesting (as already noticed above) it was necessary to have a provision in the nature of Regulation 116 of the Safety Regulations to enable the State Government to issue orders in the nature of the order dated 13-02-2019, considering the local situation on the account of such vesting and re-vesting. Mr. Raju Joseph, Learned Senior Counsel placed reliance on **Life Insurance Corporation of India V. D.J. Bahadur and others- (1981) 1 SCC 315)** to contend that the provisions of the Electricity Act cannot override the terms of a binding settlement entered into and enforceable in terms the Industrial Disputes Act. He further relied on **State of Madhya Pradesh and others V.** W.A No.223/2020 and connected cases -44- **Yogendra Shrivastava - (2010) 12 SCC 538** to contend that an accrued right cannot be taken away by way of amendment. Sri. P.C. Sasidharan, learned counsel for the appellant in W.A. No.612/2020 would contend, on the _ratio_ of the judgment in **Council of Scientific and** ## **Industrial Research and another V. K.G.S. Bhatt and another-** **(1989) 4 SCC 635),** that career advancement is an incentive for personal development and a satisfactory avenue for promotion is to be provided in every organization. 7. On the other hand, the contesting respondents and the petitioners in W.P (C) No.11952/2017 would contend that the provisions contained in Regulation 116 of the Safety Regulation is beyond the rule making power of the Central Electricity Authority (CEA) and is clearly _ultra vires_ and a case of impermissible sub-delegation which is prohibited by law. They contend that the principle - _'delegatus non potest delegare_ ' applies. In support of this argument, the learned Senior Counsel appearing for the contesting respondents would place reliance on decisions in _**Dist.**_ _**Collector, Chittoor v. Chittoor Distt. Groundnut Traders Assn.**_ _**-**_ (1989) 2 SCC 58, _**Kunj Behari Lal Butail v. State of H.P -**_ (2000) 3 SCC 40 **,** _**M. Chandru v. Chennai Metropolitan Development Authority -**_ (2009) 4 SCC 72 and _**Petroleum and Natural Gas Regulatory Board v . Indraprastha Gas Limited**_ **-** (2015) 9 SCC 209. It is submitted that the provisions of Section 53 show that the W.A No.223/2020 and connected cases -45- stipulations in the Safety Regulations were required on account of considerations of safety and it would be quite arbitrary if the State Government were given the power and the authority to grant exemption from the operation of any of the regulations in the Safety Regulations. In support of this submission the learned Senior Counsel would rely on _**Global Energy Ltd. and another v. Central Electricity Regulatory Commission**_ **-** (2009) 15 SCC 570 and states that the very same judgment also holds that an essential legislative function cannot be delegated. It is further submitted that Subordinate legislation in the nature of Regulation 116 goes beyond the Rule making power of the Central Electricity Authority. Reliance is placed in this regard on the judgment of the _**Union of India and others v. S. Srinivasan -** (2012) 7 SC 683_ **.** It is also asserted that Subordinate legislation cannot be manifestly arbitrary. Reliance in this regard is placed on the judgment in _**Cellular**_ _**Operators Association of India and others v. Telecom Regulatory Authority of India and others**_ **-** (2016) 7 SCC 703. It is also contended that the provisions of the scheme produced as Ext.R2 (a) did not, in any manner, protect promotions and that the protection granted to the existing employees to obtain promotions even without the requisite qualifications was surreptitiously included in the settlement which forms part of the scheme and further that even the provisions of Ext.R2 (b) were anyway made subject to Rules / Regulations in vogue which meant that the W.A No.223/2020 and connected cases -46- Safety Regulations which had been issued much earlier to Ext.R2 (a) and R2 (b) should be read having been specifically incorporated into the scheme. It is also submitted that the functions of the Central Electricity Agency (CEA) which have been specified in Section 73 of the 2003 Act clearly shows that the qualifications as provided for in Regulation 6 & 7 could be imposed by the CEA on grounds of safety and therefore such Regulations are to be strictly implemented notwithstanding anything contrary contained in a scheme framed under Section 133 of the 2003 Act. It is also contended that the original request of KSEBL (as can be seen from Ext.P.1) was only to grant time to implement Regulations 6 & 7 of the Safety Regulations and thereafter on 26.11.2018 further time was sought. However through Ext P.3, on 19.12.2008, in complete departure from the earlier proposal, an exemption was sought. This according to the Learned Senior Counsel was on account of pressure exerted by the Trade Unions, which fact he submits, is evident from Ext.P.5. He also contested the argument of Sri.Raju Joseph that the terms of the Industrial Settlement will override the provisions of the Safety Regulations. He would also contend that at any rate the blanket exemption granted through Ext.P.4 is unreasonable and compromises safety of electrical installations. Sri. S.M. Prasanth, learned counsel appearing for the petitioner in W.P (C) No.11952/2017 submits that the provisions of the settlement goes beyond the provisions of the scheme and therefore that the protection under the W.A No.223/2020 and connected cases -47- proviso to Section 133 cannot be extended to the provisions of the settlement. He would state that Section 174 of the 2003 Act gives an overriding effect to the provisions of the said Act and therefore it will override any protection extended to a settlement which has legal force by virtue of the provisions of the Industrial Disputes Act. He would contend that the only protection available on a reading of provisions of the scheme are the pecuniary benefits and not promotion. It is his case that consideration of promotion being on a date later than the safety Regulations, KSEBL has to comply with every Regulation including the provisions of Regulations 6 & 7 of the Safety Regulations. He would refer to clause 2 (c) of Ext.R2 (b) and contend that the protection was subject to Rules / Regulations in vogue and since on the date of Ext.R2 (b) the Safety Regulations were in force any promotion would be subject to the Safety Regulations. He would rely on the judgment in _**Patiala Central Cooperative Bank Ltd. v. The Patiala Central Co-operaive Bank Employees Union and another**_ **-** JT 1996 (9) SC 59 and **P** _**artner, Malabar Wires and Allied Products v. Deputy Labour Commissioner and others**_ **- ILR 1997 (2) Ker. 422** to contend that the provisions of the Industrial Settlement cannot operate against law. He would also place reliance on a judgment of a Division Bench of this court in _**Sankara Narayanan V.R. and others v. A.P. Gopinathan and others -**_ 2008 (4) KHC 281 (DB) to contend that prescription of a W.A No.223/2020 and connected cases -48- minimum qualification for promotion is not illegal and that there is no vested right in any employee to claim that promotional avenues are also to be protected forever. 8. We have considered the contentions put forth by either side. On an analysis of the pleadings and noticing the submissions made before us it appears that the following issues arise for our determination:- 1. Is Regulation 116 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010, _ultra vires_ the authority and powers conferred on the Central Electricity Authority on account of the Statutory Provisions in the Electricity Act, 2003 and on account of impermissible delegation or on account of being manifestly arbitrary? 2. Can the provisions of a scheme framed under Section 131 r/w Section 133(2) of the Electricity Act, 2003 offer any protection to officers / employees who do not possess the qualifications required in terms of the Safety Regulations? 3. If the answer to the first issue is in the negative, whether the order issued by the Government of Kerala on 13-02-2019 suffers from the vice of non-application of mind or is otherwise arbitrary, unreasonable or irrational? ## **Re.Issue 1** 9. The Central Electricity Authority is constituted under Section 70 of the 2003 Act. It consists of not more than 14 members out of whom 8 shall be full time members appointed by the Central Government. The members of the authority are to be appointed from among persons of W.A No.223/2020 and connected cases -49- ability, integrity and standing and having knowledge, adequate experience and capacity in dealing with problems relating to engineering, finance, commerce, economics, industry etc.. It is provided that at least one member shall be appointed from each of the categories mentioned as (a) to (d) of sub-section 5 of Section 70 of the 2003 Act. These categories especially categories (a) (b) & (c) indicate that the Central Electricity Authority is constituted by experts in the field of design, construction, operation and maintenance of generating stations, experts with specialization in transmission and supply of electricity and those having expertise in applied research in the field of electricity. Section 73 of the 2003 Act sets out the functions and duties of the authority which also indicates that the Central Electricity Authority is conceived and constituted as an expert body having substantial expertise in fields of generation, transmission and supply of electrical energy among others. Under Section 53 of the 2003 Act it is the duty of the Central Electricity Authority to set out and specify suitable measures for the safety of persons involved in the generation, transmission and supply of electricity and for eliminating risk of injury etc. arising out of electrical installations. A perusal of these provisions indicates that the Central Electricity Authority was conceived as an expert body to prescribe standards for operation of electrical installations, prescribe safety regulations etc. We should therefore concede to the authority the power to fix qualifications as a part of the Safety W.A No.223/2020 and connected cases -50- Regulations. The argument of the appellants that the Central Electricity Authority has no power to fix qualifications through the safety regulations is only to be rejected. 10. We must now consider the question as to whether the provisions of Regulation 116 of the Safety Regulations are _ultra vires_ the powers of the Central Electricity Authority. ' _Ultra vires_ ' essentially means something done beyond one's authority. Eminent scholars have characterized the doctrine of _ultra vires_ as the principle central to administrative law[1] and possibly the only jurisprudential basis for exercise of judicial review while others of equal repute decry the theory that _ultra vires_ is the only basis for judicial review. There can be no quarrel with the proposition that a delegate cannot sub-delegate unless such sub-delegation were authorized by the provisions of the parent statute and any such illegal sub-delegation would be _ultra vires_ . Since this principle is too well established we do not deem it necessary to refer to the judgments cited at the bar in support of this proposition. While framing the safety Regulations, the Central Electricity Authority thought it necessary to grant power to the State Government to relax all or any of the conditions except enumerated exceptions. Providing such authority to the State Government is clearly not the delegation of an essential legislative function as in ## _**Global Energy Ltd.(supra)**_ . In _**Union of India v. Azadi Bachao**_ > 1 _**Wade & Forsyth**_ , _Administrative Law_ (9[th] edn. 2004), Page 35; _**Christopher Forsyth**_ - ' _Of Fig Leaves & Fairy Tales: The Ultra Vires Doctrine, The Sovereignty of Parliament and Judicial Review'_ , 1996 CLJ 122 and for the contra view see _**Paul Craig**_ - ' _Ultra Vires and The Foundations of Judicial Review_ ' 1998 CLJ63. W.A No.223/2020 and connected cases -51- ## _**Andolan**_ , (2004) 10 SCC 1, it was held:- _“56. The question whether a particular delegated legislation is in excess of the power of the supporting legislation conferred on the delegate, has to be determined with regard not only to specific provisions contained in the relevant statute conferring the power to make rules or regulations, but also the object and purpose of the Act as can be gathered from the various provisions of the enactment. It would be wholly wrong for the court to substitute its own opinion as to what principle or policy would best serve the objects and purposes of the Act; nor is it open to the court to sit in judgment over the wisdom, the effectiveness or otherwise of the policy, so as to declare a regulation ultra vires merely on the ground that, in the view of the court, the impugned provision will not help to carry through the object and purposes of the Act. This Court reiterated the legal position, well established by a long series of decisions in Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupeshkumar Sheth [(1984) 4 SCC 27] : (SCC pp. 39-40, para 14)_ _“So long as the body entrusted with the task of framing the rules or regulations acts within the scope of the authority conferred on it, in the sense that the rules or regulations made by it have a rational nexus with the object and purpose of the statute, the court should not concern itself with the wisdom or efficaciousness of such rules or regulations. It is exclusively within the province of the legislature and its delegate to determine, as a matter of policy, how the provisions of the statute can best be implemented and what measures, substantive as well as procedural would have to be incorporated in the rules or regulations for the efficacious achievement of the objects and purposes of the Act. It is not for the Court to examine the merits or demerits of such a policy because its scrutiny has to be limited to the question as to whether the impugned regulations fall within the scope of the regulation-making power conferred on the delegate by the statute.”_ W.A No.223/2020 and connected cases -52- 11. A classic example of impermissible sub-delegation could possibly be found from the facts of _**Ganpati Singhji v. State of Ajmer**_ **-** AIR 1955 SC 188. In the facts of that case, Section 40 of the Ajmer Laws Regulation, 1877 empowered the Chief Commissioner to make Rules regarding the maintenance of watch and ward and for the establishment of a proper system of conservancy and sanitation at fairs and other large public assemblies. The Rules framed by the Chief Commissioner prohibited holding of fairs except under a permit issued by the District Magistrate. This was to be done by the District Magistrate after satisfying himself that the applicant was in a position to establish a proper system of conservancy, sanitation and watch & ward at the fair. The Supreme Court found that the Regulations empowered only the Chief Commissioner to make Rules for establishment of conservancy and sanitation and observed that he can bring such system into existence only by incorporating the same in the Rules and could he not have empowered the District Magistrate to determine what the proper system was. Thus the Rules were found to be _ultra vires_ the Regulations of 1877. This is a classic example of impermissible sub-delegation. This is clearly at variance with the factual situation on hand. If the power to make any Rules or Regulations for the matters set out in Section 53 were to be delegated to the State Government, the argument of the respondents would have been on a very strong foundation. Here the Central Electricity Authority has not sub-delegated to W.A No.223/2020 and connected cases -53- the State Government any authority to establish or set out the safety measures under Section 53. After setting out the parameters of safety through the Safety Regulations, the State Government has been empowered to grant exemptions from such Regulations wherever it was felt necessary. This, in our view, is not a case of _ultra vires_ or impermissible subdelegation because we do not see any authority conferred on the Central Electricity Authority being conceded to the State Government. What has been done is only to vest the State Government the power to grant exemptions from the operation of any of the Regulations except Regulation 30. There is no delegation at all. 12. Now it has been said that subordinate legislation cannot be manifestly arbitrary. What exactly is manifest arbitrariness in the context of subordinate legislation? In _**Sharma Transport v. Govt. of A.P. -**_ (2002) 2 SCC 188, it was held:- _“The tests of arbitrary action applicable to executive action do not necessarily apply to delegated legislation. In order to strike down a delegated legislation as arbitrary it has to be established that there is manifest arbitrariness. In order to be described as arbitrary, it must be shown that it was not reasonable and manifestly arbitrary. The expression “arbitrarily” means: in an unreasonable manner, as fixed or done capriciously or at pleasure, without adequate determining principle, not founded in the nature of things, non-rational, not done or acting according to reason or judgment, depending on the will alone.”_ ## In _**Indian Express Newspapers (Bombay) (P) Ltd. v. Union of**_ W.A No.223/2020 and connected cases -54- _**India,**_ (1985) 1 SCC 641, it was held:- _“75. A piece of subordinate legislation does not carry the same degree of immunity which is enjoyed by a statute passed by a competent Legislature. Subordinate legislation may be questioned on any of the grounds on which plenary legislation is questioned. In addition it may also be questioned on the ground that it does not conform to the statute under which it is made. It may further be questioned on the ground that it is contrary to some other statute. That is because subordinate legislation must yield to plenary legislation. It may also be questioned on the ground that it is unreasonable, unreasonable not in the sense of not being reasonable, but in the sense that it is manifestly arbitrary. In England, the Judges would say “Parliament never intended authority to make such rules. They are unreasonable and ultra vires”. The present position of law bearing on the above point is stated by Diplock, L.J. in Mixnam's Properties Ltd. v. Chertsey Urban District Council [(1964) 1 QB 214 : (1963) 2 All ER 787 : (1963) 3 WLR 38 (CA)] thus:_ _“The various special grounds on which subordinate legislation has sometimes been said to be void … can, I think, today be properly regarded as being particular applications of the general rule that subordinate legislation, to be valid, must be shown to be within the powers conferred by the statute. Thus, the kind of unreasonableness which invalidates a bye-law is not the antonym of ‘reasonableness’ in the sense in which that expression is used in the common law, but such manifest arbitrariness, injustice or partiality that a court would say: ‘Parliament never intended to give authority to make such rules; they are unreasonable and ultra vires’...if the courts can declare subordinate legislation to be invalid for ‘uncertainty’ as distinct from unenforceable...this must be because Parliament is to be presumed not to have intended to authorise the subordinate legislative authority to make changes in the existing law which are uncertain.”_ The incorporation of Regulation 116 into the Safety Regulations cannot in any manner be regarded as 'manifestly arbitrary' in the manner that the W.A No.223/2020 and connected cases -55- term was explained in _**Sharma Transport (supra)** &_ _**Indian Express Newspapers (supra)**_ . We have already found that the conferment of power to grant exemptions upon the State Government is not against any of the express provisions in the statute and is _intra vires_ the power conferred on the authority. The argument that safety is being compromised if a power in the nature of Regulation 116 is conceded to the State Government does not appeal to us, for the Court is not to concern itself with the merits or demerits of such a policy and its scrutiny is to be limited to the question as to whether the impugned Regulations fall within the scope of the Regulation-making power conferred on the delegate by the Statute _vide_ _**Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupeshkumar Sheth -**_ (1984) 4 SCC 27. 13. The argument that no such power can be conceded to the State Government considering the object and scheme of the 2003 Act also cannot be sustained in view of the following observations in _**Union of India v. S. Srinivasan**_ , (2012) 7 SCC 683, where it was held:- _“30. In this context, it would be apposite to refer to a passage from State of T.N. v. P. Krishnamurthy [(2006) 4 SCC 517] wherein it has been held thus: (SCC p. 529, para 16)_ _“16. The court considering the validity of a subordinate legislation, will have to consider the nature, object and scheme of the enabling Act, and also the area over which power has been delegated under the Act and then decide whether the subordinate legislation conforms to the parent statute. Where a rule is directly inconsistent with a mandatory provision of the statute, then, of course, the task of the court is simple and_ W.A No.223/2020 and connected cases -56- _easy. But where the contention is that the inconsistency or non-conformity of the rule is not with reference to any specific provision of the enabling Act, but with the object and scheme of the parent Act, the court should proceed with caution before declaring invalidity.”_ 14. We are conscious of the fact that the Safety Regulations issued by the Central Electricity Authority codifies the best practices in the industry, in the interest of public safety and the safety of electrical installations. As already noticed the Central Electricity Authority is an expert body. The Central Electricity Authority thought it fit to permit the State Government to exercise a power to exempt the operation of any specific Regulations, in suitable circumstances. The State of Kerala is the repository of power under Regulation 116. The fact that such power to grant exemption was conferred on the State Government is itself sufficient indication of the fact that the power was to be exercised reasonably. It is a principle recognized in law that the grant of authority to high ranking officials or to the Government itself is a sufficient safeguard to ensure that the power so granted is not abused in any manner.[2] We must also notice that by virtue of the provisions contained in the 2003 Act, the Indian Electricity Rules, 1956 framed under Section 37 of the Indian Electricity Act, 1910 were to continue in force till proper Regulations are framed by the Central Electricity Authority under Section 53 of the 2003 Act and qualifications were also prescribed in those Rules (See Rule 3). Rule 133 of 2 See Express Hotels (P) Ltd. v. State of Gujarat, (1989) 3 SCC 677 W.A No.223/2020 and connected cases -57- the Indian Electricity Rules, 1956 gave power to the State Government / Central Government to grant exemption from the enumerated safety provisions contained in those Rules. Therefore Regulation 116 is not a new thought process and the power to grant such exemptions existed even when the Indian Electricity Rules, 1956 were in operation. 15. We therefore have no hesitation to hold that Regulation 116 of the Safety Regulations is not _ultra vires_ the 2003 Act, that it is not manifestly arbitrary and that it cannot be said to be a provision that defeats the objects and purpose of the enactment. We also hold that the conferment of power on the State Government itself is sufficient guarantee that the power will not be abused. ## **Re.Issue 2** 16. In order to give an answer to Issue (2) above, it will be useful to analyze and understand the purport of Sections 131 and 133 of the 2003 Act. As already noticed the provisions of Section 131 provides for vesting all property rights, assets and liabilities etc., of the concerned Electricity Board constituted in terms of Electricity (Supply) Act of 1948 in the State Government. Section 131 (2) provides for a re-vesting of those properties, rights, assets and liabilities etc., in a Company in accordance with the transfer scheme. Sub-section 5 of Section 131 provides that a transfer scheme under Section 131 may among other things make such supplementary, incidental and consequential provisions as the transferor W.A No.223/2020 and connected cases -58- considers appropriate [see Section 131 (5) (f)]. Section 133 specifically deals with provisions that can be made in the transfer scheme regarding officers and employees who are to be transferred by the State Government to the entity formed in terms of Section 131 and also provides that such personnel shall hold office under the transferee on such terms and conditions as may be determined in accordance with the transfer scheme. The proviso to Section 133 provides that _'terms and conditions'_ of their service on such transfer shall not in any way be less favorable than those which would have applied to them if there had been no such transfer. The explanation to Section 133 clearly shows that the expression _'officers' & Employees'_ used in Section 133 shall mean all officers and employees who on the date specified in the scheme are the officers and employees of the Board or the transferor as the case may be. We must immediately notice that by virtue of the explanation to Section 133, the benefit of any provision in the scheme relating to transfer of officers and employees can be extended only to such officers and employees who are officers and employees of the Board or the transferor on the date of the scheme. The scheme framed under Sections 131/133, in question, in this case is G.O (P) No.46/2013/PD dated 31-102013. The date specified in the explanation to Section 133, as far as the KSEBL is concerned, cannot be later than 31-10-2013, the date on which the employees were transferred to the KSEBL. It may be pertinent to notice that clause 6 of the transfer scheme dated 31-10-2013 provided for the W.A No.223/2020 and connected cases -59- transfer of personnel to the KSEBL and also provided that a tripartite agreement would also be executed between the KSEBL and the Employeess Unions setting out the conditions upon which the employees have been transferred to KSEBL. The tripartite agreement referred to in the scheme was executed on 01-08-2014. The provisions of the scheme provided that the terms and conditions of services of the existing employees such as promotions, transfers, wages, compensations, lien, allowances etc upon transfer to KSEBL shall continue to be regulated by the existing Regulations / Service Rules in vogue. It is clear from the reading of statutory provisions contained in Section 133 that the transfer of employees from KSE Board / State of Kerala to the KSEBL will be governed by the provisions of the transfer scheme and such provisions shall in no way be less favorable than what was enjoyed immediately prior to the date of transfer. This, in our view, is a clear indication that the legislature thought it appropriate to incorporate provisions to protect the employees of the Board or the State Government on transfer to the entity incorporated in terms of Section 131. The contention that only pecuniary benefits are protected under the proviso to Section 133 (2) and that promotions are not so protected cannot be accepted in the light of the words used in the proviso. 17. That brings us to the question as to whether a Regulation framed under Section 177 of the 2003 Act can run counter to a scheme W.A No.223/2020 and connected cases -60- framed under Section 131 read with Section 133 of the said Act. Section 177 empowers the Central Electricity Authority to make Regulations “..... _consistent with this Act_ ” to carry out the provisions of the Act and also for the specific matters set out in items (a) to (g) of sub-section 2 of Section 177. The Legislature often uses words such as 'subject to' or 'consistent with’ while empowering subordinate legislation. What exactly is meant by terms such as ' _subject to_ ’ or ' _consistent with_ ' ?. The answer is to be found in the decision of the Supreme Court in _**Azadi Bachao Andolan**_ , (supra) where the provisions of Section 4, 5 and 90 of the Income Tax Act, 1961 were considered by the Court. Section 4 of the Income Tax Act, 1961 is the charging Section while Section 5 defines the scope of total income under that Act. A question arose as to whether a Double Taxation Avoidance Agreement (DTAA) framed under Section 90 of the Income Tax Act, 1961 could offer an exemption contrary to the provisions of Sections 4 & 5 of that Act. One among the contentions raised was that a DTAA can only be a piece of subordinate legislation and therefore it can only be made consistent with the provisions of Sections 4 & 5. This contention was repelled by the Supreme Court. It was observed:- "2 _1. The provisions of Sections 4 and 5 of the Act are expressly made “subject to the provisions of this Act”, which would include Section 90 of the Act. As to what would happen in the event of a conflict between the provision of the Income Tax Act and a notification issued under Section 90, is no longer res integra._ W.A No.223/2020 and connected cases -61- After referring to the judgment of the Andhra Pradesh High Court in _**CIT v. Visakhapatnam Port Trust**_ -(1983) 144 ITR 146 (AP); that of the Calcutta High Court in _**CIT v. Davy Ashmore India Ltd.**_ [(1991) 190 ITR 626 (Cal) & in _**Leonhardt Andra Und Partner, GmbH v. CIT**_ , (2001) 249 ITR 418 (Cal) and the judgment of the Karnataka High Court in _**CIT v. R.M. Muthaiah**_ [(1993) 202 ITR 508 (Kant) it was held:- _“28. A survey of the aforesaid cases makes it clear that the judicial consensus in India has been that Section 90 is specifically intended to enable and empower the Central Government to issue a notification for implementation of the terms of a Double Taxation Avoidance Agreement. When that happens, the provisions of such an agreement, with respect to cases to which they apply, would operate even if inconsistent with the provisions of the Income Tax Act. We approve of the reasoning in the decisions which we have noticed. If it was not the intention of the legislature to make a departure from the general principle of chargeability to tax under Section 4 and the general principle of ascertainment of total income under Section 5 of the Act, then there was no purpose in making those sections “subject to the provisions of the Act”. The very object of grafting the said two sections with the said clause is to enable the Central Government to issue a notification under Section 90 towards implementation of the terms of DTACs which would automatically override the provisions of the Income Tax Act in the matter of ascertainment of chargeability to income tax and ascertainment of total income, to the extent of inconsistency with the terms of DTAC."_ Fortified by the view taken by the Supreme Court in _**Azadi Bachao Andolan**_ we are clear in our mind that the since the Rule making power of the Central Electricity Authority is to make Regulations consistent with the provisions of the 2003 Act, it would, without doubt, be subject to the W.A No.223/2020 and connected cases -62- provisions of Section 131 and 133 of the 2003 Act and the scheme framed there under. 18. Further the rule of harmonious construction calls upon us to harmoniously construe the provisions of Sections 53, 70, 73,131,133 & 177 of the 2003 Act for _“… A statute is designed to be workable, and the interpretation thereof by a court should be to secure that object, unless crucial omission or clear direction makes that end unattainable.”_ We believe that the only way to harmoniously construe the aforesaid provisions of the 2003 Act would be to hold that the Rule making power of the Central Electricity Authority is subject to the terms of the scheme framed under Section 131 r/w Section 133 of that Act. There is yet another reason why we would hold so. The provisions of Section 133 offer protection to existing officers and employees of the erstwhile Electricity Board. This protection cannot be taken away by way of a subordinate legislation framed by the Central Electricity Authority under Section 177 read with Section 53 of the 2003 Act for, what cannot be done directly cannot be done indirectly. In _**Jagir Singh v. Ranbir Singh**_ , (1979) 1 SCC 560 it was held:- “ _What may not be done directly cannot be allowed to be done indirectly; that would be an evasion of the statute. It is a “well-known principle of law that the provisions of an Act of Parliament shall not be evaded by shift or contrivance” (per Abbot, C.J. in Fox v. Bishop of Chester [(1824) 2 B&C 635] ). “To carry out effectually the object of a Statute, it must be construed as to defeat all attempts to do, or avoid doing, in an indirect or circuitous manner that which it has prohibited or enjoined.” (Maxwell, 11th Edn., p. 109)_ . W.A No.223/2020 and connected cases -63- 19. For all the above reasons we hold that the Rule making power of the Central Electricity Authority under Section 177 of the 2003 Act can only be 'consistent with' or 'subject to' the provisions of the Scheme framed under Sections 131 and 133 of the said Act. 20. In the view that we have taken of the Scheme framed under Sections 131/133 it is not necessary to examine the contention as to whether the settlement which is binding in terms of the Industrial Disputes Act, 1947, will override the statutory Regulations. However we may observe that this proposition seems to run counter to the law laid down in _**U. Unichoyi v. State of Kerala -**_ (1962) 1 SCR 946 _**,**_ decided by a bench of 5 Judges of the Supreme Court and reiterated in _**Oswal Agro Furane Ltd. v. Workers Union,**_ (2005) 3 SCC 224. ## **Re.Issue 3** 21. As already noticed, the 2003 Act provided for the winding up of the Electricity Board constituted under the Electricity Supply Act of 1948, the vesting of all properties, liabilities etc of such Boards in the State Government and a re-vesting of the same in a Government Company as provided for in Section 131 of the Act. The preamble to the 2003 Act itself indicates that the Act intends to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of the electricity industry. It W.A No.223/2020 and connected cases -64- repealed the Electricity Act, 1910 and the Electricity Supply of 1948 which were governing the field. When enactments such as the 2003 Act are brought into force replacing legislation which is decade’s old, sufficient provisions will have to be incorporated for enabling a smooth transition from the existing system to the new system. Such kind of transition cannot be achieved overnight and can be achieved only over a period of time. While the Safety Regulations issued by the Central Electricity Authority codify the best practices in the industry in the interest of public safety and the safety of electrical installations, such regulations cannot be implemented overnight and it can be implemented only gradually. Exhibit P4 in W.P (C) No.6410/2019 is the order dated 13-02-2019 through which the Government of Kerala exercised its power under Regulation 116 to grant exemption to the KSEBL from the operation of the Regulations 6 & 7 of the Safety Regulations. A reading of Ext.P4 shows that the exemption has been granted by the Government of Kerala from the educational qualifications stipulated in Regulation 6 & 7 of the Safety Regulations. Ext.P4 also indicates that the employees who may enter service of KSEBL either on temporary or permanent basis after the date of the order i.e. 1302-2019 will have to be those with the requisite qualifications prescribed by the Safety Regulations. In other words the exemption power was exercised to grant exemption to all employees working in KSEBL on the date of the order. The Safety Regulations were framed in 2010. Though the scheme W.A No.223/2020 and connected cases -65- under Section 131 was notified only on 31-10-2013 through G.O (P) No.46/2013/PD, and the tripartite agreement envisaged in the Scheme was entered into only on 01-08-2014, we have held, on a consideration of the provisions in Sections 131/133 of the 2003 Act that the Regulations framed under Section 53 r/w Section 177 of the Act cannot take away the protection granted to the 'officers and employees' through the proviso to Section 133(2). Ext. P2 in W.P (C) No.6410/2019 shows that even on 26.11.2018 the request of KSEBL was only to grant time. However less than a month later, on 19-12-2018, KSEBL sought complete exemption from Regulations 6 & 7 of the Safety Regulations and the Government issued the order dated 1302-2019 granting such exemption to all employees working in KSEBL on the date of the order. The explanation to Section 133(2), which we have already noticed, makes it clear that the protection under Section 133(2) can be extended only to such officers and employees who are officers and employees of the Board or the transferor on the date of the scheme which is 31-10-2013. We are of the opinion that the power to grant exemption under 116 could have been exercised only to grant exemption to those 'officers and employees' who were transferred to KSEBL by virtue of Ext.R2(a) scheme and not to any person who entered service thereafter. However in view of our finding that Regulation 116 is legally valid, we hold that in respect of employees/officers who entered service after 31-10-2013, it would be open to the Government to grant a one time extension of time to acquire the W.A No.223/2020 and connected cases -66- necessary qualifications if, the Government on a consideration of the situation in KSEBL feels that such extension is required to be granted. 22. In the light of our findings on the issues framed for consideration, we allow these writ appeals and set aside the judgment of the learned Single Judge. We hold that Regulation 116 is not _ultra vires_ the provisions of the Electricity Act, 2003 and that the framing of such Regulation is not beyond the scope of the rule making power conferred on the Central Electricity Authority under Section 53 read with Section 177 of that Act. We also hold that the Rule making power of the Central Electricity Authority under Section 177 of the 2003 Act can only be 'consistent with' or 'subject to' the provisions of the Scheme framed under Sections 131 and 133 of the said Act. In view of our finding that the Government Order granting exemption from Regulations 6 & 7 to all officers and employees, on the date of that order (13-2-2019) is bad in law, we set aside that Government Order, namely G.O (P) No.1/2019/ED Dated 13-2-2019 (Ext.P.4 in W.P (C) No.6410/2019 & Ext.P.22 in W.P (C) 11952/2017) in as much as it grants exemption from qualifications prescribed under Regulations 6 & 7 of the Safety Regulations even to employees / officers who entered service after 31.10.2013. W.P (C) 11952/2017 is thus allowed to the extent indicated above. 23. In respect of those officers / employees who entered service of KSEBL, after 31.10.2013, it would be open to the Government of Kerala to W.A No.223/2020 and connected cases -67- grant a **'one time'** extension of time to acquire the necessary qualifications if the Government feels that such extension should be granted considering the prevailing situation in KSEBL. In the facts and circumstances of the case we make no order as to costs. **Sd/A.M.SHAFFIQUE JUDGE Sd/GOPINATH P. JUDGE** AMG W.A No.223/2020 and connected cases -68- ## **APPENDIX OF WP(C) 11952/2017** **PETITIONER'S/S EXHIBITS:** **ANNEXURE I TRUE COPY OF THE GO(RT) NO.206/2016/PD DATED 26/10/2016.** **EXHIBIT P1 TRUE COPY OF ORDER NO AR111.36591/78 DATED 23/1/1981 ISSUED BY THE 2ND RESPONDENT** **EXHIBIT P2 TRUE COPY OF RELEVANT RULES OF CENTRAL ELECTRICITY AUTHORITY (MEASURES RELATING TO SAFETY AND ELECTRIC SUPPLY) REGULATIONS, 2010 PUBLISHED ON 24/9/2010** - **EXHIBIT P3 TRUE COPY OF ORDER DATED 20/2/2014 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 19/12/2016 INOP NO. 7 OF 2016 PASSED BY THE KERALA STATE ELECTRICITY REGULATORY COMMITTEE** - **EXHIBIT P5 TRUE COPY OF COMMUNICATION DATED 19/5/2016 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P6 TRUE COPY OF ORDER DATED 30/3/3017 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P7 TRUE COPY OF ORDER DATED 31/3/2017 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P8 TRUE COPY OF APPOINTMENT CHART PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION** - **EXHIBIT P9 TRUE COPY OF ORDER DATED 31/3/2017 ISSUED BY THE 2ND RESPONDENT** **EXHIBIT P10 TRUE COPY OF ORDER DATRED 10/11/2016 ISSUED BY THE GOVERNMENT** - **EXHIBIT P11 TRUE COPY OF ORDER DATED 31/3/2017 DATED 31/3/2017 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P12 TRUE COPY OF ORDER NO.EB2/SET/CANCELLATION/2017 DATED 10/04/2017 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P13 TRUE COPY OF ORDER DATED 04/04/2017 IN WPC NO.11838/2017.** **EXHIBIT P14 TRUE COPY OF ORDER NO.EB2/SE(ELE.)/CCC/17 DATED 08/11/2017 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE RELEVANT PAGES OF PROVISIONAL SENIORITY LIST.** W.A No.223/2020 and connected cases -69- |**EXHIBIT P15**||**TRUE COPY OF ORDER NO.EB.GR.3/OS(ELE)/08-09 DATED**| |---|---|---| |||**29/04/2010 ISSUED BY R3 ALONG WITH THE RELEVANT**| |||**PAGES OF SENIORITY LIST.**| |**EXHIBIT P16**||**TRUE COPY OF ORDER NO.EB.GR.3/OS(ELE)/2012 DATED**| |||**22/11/2012 ISSUED BY R3 ALONG WITH THE RELEVANT**| |||**PAGES OF PROVISIONAL GRADATION LIST OF OVERSEERS**| |||**(ELECTRICAL).**| |**EXHIBIT P17**||**TRUE COPY OF ORDER**| |||**NO.EB2/SE(ELE.)/CCC296/PROMOTION/2017 DATED**| |||**16/11/2017 ISSUED BY THE 3RD RESPONDENT.**| |**EXHIBIT P18**||**TRUE COPY OF THE SENIORITY LIST OF SUB ENGINEERS**| |||**(ELECTRICAL) UPTO THE YEAR 2008.**| |**EXHIBIT P19**||**TRUE COPY OF ORDER DATED 04/07/2017 ISSUED BY THE**| |||**KSEB.**| |**EXHIBIT P20**||**TRUE COPY OF THE QUERY MADE BY ONE UNNIKRISHNAN**| |||**SC UNDER THE RIGHT TO INFORMATION ACT.**| |**EXHIBIT P20**|**A**|**TRUE COPY OF THE REPLY RECEIVED BY SRI.**| |||**UNNIKRISHNAN UDER THE RIGHT TO INFORMATION ACT.**| |**EXHIBIT P21**||**TRUE COPY OF ORDER DATED 05/11/2018 ISSUED BY THE**| |||**KERALA STATE ELECTRICITY BOARD.**| |**EXHIBIT P22**||**TRUE COPY OF GO(PRINT) NO.1/2019/ED DATED**| |||**13/02/2019.**| |**EXHIBIT P23**||**TRUE COPY OF THE REPLY ALONG WITH THE QUERY**| |||**SUBMITTED BY ONE OF THE PETITIONERS UNDER RTI**| |||**ACT.**| |**EXHIBIT P24**||**TRUE COPY OF ORDER NO. BO(FTD)219/2019 (ESTT**| |||**II/6781/2017) DATED 07/03/2019 ISSUED BY THE**| |||**KERALA STATE ELECTRICITY BOARD.**| |**EXHIBIT P25**||**TRUE COPY OF ORDER NO.EB2/SE(ELE.)/CCC**| |||**296/PROMOTION/2017 DATED 16/11/2017 ISSUED BY THE**| |||**KSEB.**| |**EXHIBIT P26**||**TRUE COPY OF THE JUDGMENT DATED 23/01/2019 IN**| |||**WPC.NO.33771 OF 2017.**| |**EXHIBIT P27**||**TRUE COPY OF ORDER (CMF) NO.382/2019**| |||**(LAS.III/605/2019) DATED 26/02/2019 ISSUED BY THE**| |||**KSEB.**| |**EXHIBIT P28**||**TRUE COPY OF ORDER NO.ESTT.III/1307/2019 DATED**| |||**14/03/2019 ISSUED BY THE KSEB.**| W.A No.223/2020 and connected cases -70- **EXHIBIT P29 TRUE COPY OF ORDER NO.EB2/SE(ELE)/WPC.33771, 23112 & 38957 OF 2017/19-20 DATED 26/04/2019 ISSUED BY THE KSEB.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R10(A) A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 17/03/2017.** - **EXHIBIT R1 A TRUE COPY OF THE RE-VESTING ORDER ISSUED BY THE STATE GOVERNMENT AS SRO 871/2013 DATED 31/10/2013.** - **EXHIBIT R1 B TRUE COPY OF THE TRIPARTITE AGREEMENT ENTERED INTO BETWEEN THE STATE GOVERNMENT, KSEBL AND EMPLOYEES UNION DATED 01/08/2014.** - **EXHIBIT R1 C TRUE COPY OF THE ORDER DATED 16/01/2019.** - **EXHIBIT R1 D TRUE COPY OF THE ORDER DATED 13/02/2019.** - **EXHIBIT R10(B) A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 07/11/2017 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT R12(A) TRUE COPY OF THE JUDGMENT IN WPC 34528/2011 OF THIS HON'BLE COURT.** **EXHIBIT R12(A) TRUE COPY OF THE ORDER DATED 29/12/2016 OF THE KERALA STATE ELECTRICITY REGULATORY COMMISSION IN OP NO.7/2016.** - **EXHIBIT R8(A) TRUE COPY OF REGULATION 6 OF CENTRAL ELECTRICITY AUTHORITY REGULATIONS, 2010.** - **EXHIBIT R8(B) TRUE COPY OF THE REGULATION 7 OF CENTRAL ELECTRICITY AUTHORITY REGULATIONS, 2010.** **EXHIBIT R28(A) A TRUE COPY OF BOARD ORDER NO.AR/III.36591/78 DATED 23.1.1981.** **EXHIBIT R28(B) A TRUE COPY OF BOARD ORDER NO.2020/2010 DATED 2.8.2010.** **EXHIBIT R28(C) A TRUE COPY OF OFFICE CIRCULAR NO.EB.4(B)/PRO./OVR(ELE.)/10/10 DATED 17.8.2010. EXHIBIT R28(D) A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 9.2.2011.** **EXHIBIT R28(E) A TRUE COPY OF RELEVANT PAGE OF BOARD ORDER NO.641/2011 DATED 28.2.2011 DATED 28.2.2011 APPROVING ARTICLE VII, CLAUSE-I IN THE** W.A No.223/2020 and connected cases -71- ## **SETTLEMENT.** - **EXHIBIT R28(F) A TRUE COPY OF THE NOTICE PUBLISHED BY THE 3RD RESPONDENT DATED 14.11.2012.** - **EXHIBIT R28(G) A TRUE COPY OF THE COMMON INTERIM ORDER IN WPC 29509/2012 DATED 14.12.2012 OF HIGH COURT OF KERALA.** - **EXHIBIT R28(H) A TRUE COPY OF THE SAID COMMON JUDGMENT IN WPC 29243/2011 DATED 22.05.2014 OF HIGH COURT OF KERALA.** - **EXHIBIT R28(I) A TRUE COPY OF THE COMMON JUDGMENT OF THIS HON'BLE COURT IN W.A.NO.1100 OF 2014 AND CONNECTED CASES DATED 30.07.2015.** - **EXHIBIT R28(J) A TRUE COPY OF THE SAID BOARD ORDER B.O.D (F) NO.781/2016 (LASIII/91/15-16) DATED 5.3.2016.** - **EXHIBIT R28(K) A TRUE COPY OF THE SAID PROCEEDINGS NO.EB2/SE(E)/WA.1094/2014/QSD/2016 OF THE 3RD RESPONDENT DATED 17.3.2016.** - **EXHIBIT R28(L) A TRUE COPY OF THE SAID PROCEEDINGS NO.EB2/SE(E)/PRO-OVR 20%/2016 DATED 17.3.2016.** - **EXHIBIT R28(M) A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN CONTEMPT CASE NO.748/2016 DATED 06.08.2016.** - **EXHIBIT R28(N) A TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION 13308 OF 2016 DATED 31.08.2016 OF THIS HON'BLE COURT.** - **EXHIBIT R28(O) A TRUE COPY OF THE COMMON JUDGMENT OF THIS HON'BLE COURT IN WRIT PETITION 13308 OF 2016 DATED 1.02.2017.** - **EXHIBIT R28(P) A TRUE COPY OF THE B.O.(TFD) NO.834/2017 (ESTT.II/2089/2017 DATED 30.03.2017).** - **EXHIBIT R28(Q) A TRUE COPY OF THE PROCEEDINGS NO.EB2/SE(E)/WA.1094/2014 ALONG WITH ANNEXURE OF THE 3RD RESPONDENT DATED 31.3.2017.** - **EXHIBIT R28(R) A TRUE COPY OF THE PROCEEDINGS NO.EB2/SE(ELE)/PROMOTION/2017 ISSUED BY THE 3RD RESPONDENT DATED 31.3.2017.** - **EXHIBIT R28(S) A TRUE COPY OF THE ORDER IN CONTEMPT CASE (CIVIL) NO.296/2016 DATED 02.11.2017.** W.A No.223/2020 and connected cases -72- **EXHIBIT R28(T) A TRUE COPY OF THE OFFICE ORDER NO.EB2/SE(ELE)/CCC296/17/CANCELLATION DATED 07.11.2017.** **EXHIBIT R28(U) A TRUE COPY OF THE ORDER NO.EB2/SE (ELE)/CCC296/PROMOTION/2017 DATED 16.11.2017. EXHIBIT R28(V) A TRUE COPY OF BOARD ORDER NO.EB.2/SE(ELE)/MR/PROMOTION/2017 DATED 31.03.2017. EXHIBIT R28(W) A TRUE COPY OF THE EXTENSION OF PERIOD OF TEMPORARY ENGAGEMENT AS SUB ENGINEER TRAINEE VIDE ORDER NO.EB/SE(ELE)TRAINEE/EXT/2016 DATED 03.03.2016.** **EXHIBIT R28(X) A TRUE COPY OF THE PROMOTION ORDER NO.EB2/SE(ELE)PROVL.PRO/2019-20 ALONG WITH ANNEXURE LIST DATED 30.12.2019. EXHIBIT R28(Y) A TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.206/2016/PD DATED 26.10.2016.**