2006 (7) TMI 713

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....claring that the notification dated 17.04.1997 issued by the respondents as illegal, arbitrary and ultra virus of the settlement dated 30.09.1974 and violative of Articles 14, 16, 21, 38, 39, 41, 42 and 43 of the Constitution of India and for consequential benefits in so far as it relates to:  (i) denial of free Electricity to the future incumbents to the Board's service;  (ii) prescribing Pre-University Course qualification to the post of Junior Assistants; and  (iii) prescribing ITC/ITI qualification to the posts of Assistant Line-men and equivalent categories. 2. Before 1957, the generation and transmission of electrical power was discharged by the erstwhile Electrical Department of the Go....

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....itioner Union are carried out in the writ petition by way of suitable amendments. 4. The service conditions of workmen in the respondent Corporation are governed by statutory enactment and also by various settlements entered in to between the Union and the Corporation. Originally the electrical power generation, transmission and distribution of power was done by the erstwhile department of the Mysore Government. All the employees of the erstwhile electrical department were getting free supply of power for domestic consumption. In the year 1977 there came to be certain disputes regarding the number of units of free power, the rate charged for excess use of power and for additional units of power during monsoon seasons in Malnad and hilly ....

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....08.05.1984. The impugned amendment to the Regulations are in contravention of Section 18(3)(d) of Industrial Disputes Act. The qualification prescribed to the post of Junior Assistant and Assistant Lineman are totally invalid, irrational, arbitrary and violative of Article 14 and 16 of the Constitution of India. The denial of free power supply to the future recruits will amount to hostile and invidious discrimination. The impugned amendment of the Regulations is arbitrary and done with an intention to deprive the employees the existing service conditions and rights. Reliance is placed on the following decisions. 1. LIC of India v. D.J. Bahadur (1981)ILLJ1SC . 2. N.S. Giri v. The Corporation of City of Mangalore and Ors. AI....

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....s. AIR 1999 SC 1058. 5. The New Manick Chouk Spinning & Weaving Company Limited, Ahmedabad and Ors. v. The Textile Labour Association, Ahmedabad 6. State of Tamil Nadu v. Hind Stone etc. [1981]2SCR742 . 7. State of Bombay v. F.N. Balsara AIR 1951 SC 318. 8. Edward Mills Company Limited, Bewar and Ors. v. State of Ajmer and Anr. (1954)IILLJ686SC . 9. Sukhdev Singh and Ors. v. Bhagatram Sardar Singh Raghuvanshi and Anr. (1975)ILLJ399SC . 10. Bishun Narain Misra v. The State of Uttar Pradesh and Ors. (1966)ILLJ45SC . 8. Heard arguments on both the side and perused the entire writ papers. The following two points will arise for my consideration. They are; I. Whether the amended R....

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....pondent corporation were enjoying free supply of electrical power for domestic consumption subject to certain conditions upto the year 1997. The Corporation amended the Karnataka Electricity Board Recruitment and Promotion of Employees of the Board Service Regulations with effect from 17.04.1997 denying the free power supply to the future incumbents to the Corporation service, but the benefit of free power supply is being continued to the existing employees of the Corporation. Now the petitioner - Union has filed this petition questioning the withdrawal of free supply of electrical power to the prospective employees of the Corporation. The contention of the petitioner is, that by an award dated 08.05.1984 the benefit of free power supply wa....

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....dition of the settlement the embodied contract endures indefinitely, continuing to govern the relation between the parties in the future, subject of course to subsequent alteration through a fresh settlement award or valid legislation....  (Underlining is by me) 13. As per the dictum of the Supreme Court in Bahadur's case an award or settlement can be altered through a fresh settlement, award or valid legislation. Admittedly, in this case, subsequent to the award dated 08.05.1984 there is no fresh settlement or award. Now the question is, whether there is a valid legislation withdrawing the benefit of free power supply to the future employees of the Corporation? The Corporation under Section 79(c) of the Electricity Sup....