ELECTRICITY EMPLOYMENT UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) These three appeals are directed against the judgment dated 17th July, 1995 of the Central Administrative Tribunal, Chandigarh. Three applications filed before the Tribunal by the Electricity Employment Union, Shri Bal Krishan and Shri Harjinder Singh Brar were disposed of by the common judgment as the question of fact and law were same. The Tribunal dismissed all the three applications and hence these appeals.

(2.) By the Punjab Reorganization Act, 1966 (for short 'the Act') the erstwhile State of Punjab was reorganised and the successor States were States of Punjab and Haryana, Union Territories of Chandigarh and Himachal Pradesh, which subsequently became a State. The erstwhile Punjab State Electricity Board continued to function in the areas in which it was functioning before the reorganisation of the State of Punjab. Subsequently a new State Electricity Board (for short 'Board') was constituted by the successor State of Punjab and it is not disputed that the members of the appellant-Electricity Employment Union and other two appellants were employees of the erstwhile Board. The claim of the present appellants is that as on the date the successor State of Punjab was formed they were working within the geographical limits of the Union Territory of Chandigarh, their services were deemed to have been allotted to the said Union Territory by operation of the provisions of the Act. It may be stated that Union Territory of Chandigarh did not constitute a separate Board under the Electricity Supply Act of 1948 and functions of the Board were being carried on by the department of the administration. The Tribunal did not accept the said contentions and held that by virtue of the provisions of the Act, their services were allotted to the Board and were working on deputation under the Union Territory of Chandigarh.

(3.) We have heard Mr. P. P. Rao, learned Senior Counsel for the appellants and Ms. Kamini Jaiswal, learned Counsel for the respondents.