MUHAMMED A.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) The Division Bench formulated the following points for consideration: -

(3.) The Division Bench of the High Court held that the Regulation 116 of the Safety Regulations is neither ultra vires the Electricity Act nor manifestly arbitrary and that it is well in line with the objects and purpose of the enactment. It held that the framing of Regulation 116 is not ultra vires the provisions of the Electricity Act, 2003 and is not beyond the scope of the rule making power of the Central Electricity Authority. Referring to Sec. 133(2) of the Electricity Act, the High Court was of the opinion that the exemption from the applicability of Regulation 6 and 7 of the Safety Regulations by the order dtd. 13/2/2019 can be granted only in favour of persons who were employed with the KSEBL on the date of the formulation of the transfer scheme and such of those employees who have joined service after 31/10/2013 were not entitled to such an exemption. For this reason, the Government Order dtd. 13/2/2019 was partly set aside by the Division Bench to the extent that it granted exemption to the employees/officers who entered service after 31/10/2013.