RAM GOPAL Vs. LT. GOVERNOR, GOVT. OF NCT

JUDGEMENT

(1.) Issue notice. Mr. Anupam Varma, Advocate accepts notice on behalf of BYPL in all matters. Mr. Sanjay Lao, Addl. Standing Counsel accepts notice on behalf of R-1&2 in W.P. (Crl.) 1709/2014, Mr. Saqib, Advocate accepts notice on behalf of respondent no.5 in W.P. (C) 5587/2014 and Mr. Ajay Digpaul, Advocate accepts notice on behalf of R-5 in W.P. (Crl.)1709/2014.

(2.) With consent of counsel, the matter was heard finally.

(3.) The petitioners were employees of the erstwhile Delhi Vidyut Board (for short DVB), and in some instances, they were the employees of erstwhile Delhi Electricity Supply Undertaking (for short DESU), which was succeeded by the DVB. Consequent to the enactment of Delhi Electricity Reforms Act, 2000, (hereafter referred to as Reforms Act ), various divisions of the erstwhile DVB were re-organized into generation, transmission and distribution entities. Each of these were, in turn, handed over to different corporate entities. The distribution end was handed over to three companies, i.e., BSES Rajdhani Power Limited (for short BRPL); BSES Yamuna Power Limited (for short BYPL) and North Delhi Power Limited (for short NDPL), which was subsequently renamed as Tata Power Delhi Distribution Limited (for short TPDDL). In each of these companies, the Government of NCT of Delhi continues to retain 49% share holding; the rest is owned by the private groups. The power generation, however, was retained under exclusive government control with two separate companies, i.e., Indraprastha Power Generation Company Ltd (IPGCL) and Pragati Power Corporation Limited (PPCL). Pursuant to a scheme formulated through Rules, various divisions and activities were transferred/handed over to each of these entities. The activity of each of these respective successive undertakings included devolution of assets and transfer of employees. The liability of funding certain trusts which were to take care of retired employees was also sought to be achieved through Rule 6 of the Reforms Act. In terms of Section 16 of the Reforms Act, all existing employees were transferred to the successor entities/companies.