EXECUTIVE ENGINEER Vs. NAMEINATH DEVAPPA

JUDGEMENT

(1.) THE defendants are the appellants. The suit by an employee of the defendants Electricity Board for injunction restraining the electricity Board from retiring the plaintiff employee before 30. 4. 1985 when he would complete 60 years was decreed by the Trial Court. The appellate Court confirmed the finding on appeal by the Electricity board and for the second time the defendants-Electricity Board are before this Court.

(2.) THE claim of the plaintiff was that he was originally employed by the amalgamated Electricity Company on the electrical side to maintain the electricity supply in Belgaum. The Electricity supply undertaking was taken over by the Government under the provisions of the Karnataka Electricity Supply undertaking (Acquisition) Act, 1974 on 18. 12. 1974. Under the standing orders of the Amalgamated electricity Company, the age of superannuation for the clerical staff was 60, while under the employees service regulations of Karnataka electricity Board, the age of superannuation is 55. Claiming the benefit under the earlier undertaking standing orders the plaintiff sought an injunction when he was about to be retired on 30. 4. 80. The suit was resisted by the defendants-Electricity Board on the ground that Section 4 (1) of the Act, the said undertaking stood transferred to an vested in the Government. Under the rules and conditions of the service framed by the Board under Section 79 (c)of the Electricity Supply Act, the retirement of an employee of the board is 55 years. Consequently, the Electricity Board prayed for dismissal of the suit. The courts below have concurrently come to the conclusion that the plaintiff had right under the standing order of the earlier undertaking and consequently he shall not be retired before he attains the age of 60. Even before the dismissal of the appeal though the period of 60 years has expired the appeal is still fought so that the benefit of the entitlement of 5 years made available to the employee, in case the second appeal of the Electricity Board is dismissed.

(3.) THE contention of the Electricity Board before this Court was that on the undertaking being taken over by the Government/ electricity Board, the employees are given option regarding their services being governed by the regulations of either the electricity board or the previous undertaking. In such case, the option was exercised and the respondent was consequently retired from the duties in the Electricity Board on his attain of 55 years. The fact is that the Act in question was challenged in the High Court and the matter was pending in the Supreme Court at the time when the appeal was filed, The appellants also relied upon an unreported decision of the Supreme Court in S. S. GANDHA vs KARNATAKA electricity BOARD AND OTHERS wherein it has been held;