INDERPRASTHA POWER GENERATION COMPANY LTD Vs. SHYAMJI UPADHYAY

JUDGEMENT

(1.) This Letters Patent Appeal arises out of an order passed by a learned single Judge of this Court whereby WP(C) No. 4415/2003 filed by Respondent No. 1 has been allowed and the impugned office order relieving the petitioner employee to join the respondent NDPL for absorption quashed. The facts giving rise to the filing of the petition may be summarised as under :-

(2.) Respondent No. 1 was employed with the erstwhile Delhi Vidyut Board as a Junior Work Mistry on 'work charge' basis for a period of six months. That period was extended from time to time and according to the appellants, the last of these extensions was up to 4th January, 2004, although no formal order to that effect has been placed on record.

(3.) Consequent upon the enactment of Delhi Electricity Reform Act, 2000, the erstwhile Delhi Vidyut Board was wound up to be replaced by six new entities, namely, Delhi Power Supply Company Ltd. (TRANSCO), Indraprastha Power Generation Company Ltd. (GENCO), Central-East Delhi Electricity Distribution Company Ltd. (DISCOM 1), South-West Delhi Electricity Distribution Company Limited (DISCOM 2), North-West Delhi Distribution Company Limited (DISCOM 3) and Delhi Power Company Limited. The staff working with the erstwhile Delhi Vidyut Board was to stand allocated and absorbed in the new entities in terms of Delhi Electricity Reforms (Transfer Schemes) Rules, 2001. Rule 6 of the said Rules, inter alia, provided that with effect from the date of transfer, the personnel working in the erstwhile Delhi Vidyut Board would stand transferred to and absorbed in GENCO, TRANSCO and DISCOMS as the case may be in accordance with a government order dated 15th November, 2001.