SHANAVAS Vs. KSEB

JUDGEMENT

(1.) The petitioners in these Original Petitions are employees of the K.S.E.B. and one of their trade unions. They challenge the circular issued by the K.S.E.B. on 21.03.2003 treating that the absence of all employees on 11.03.2003 and 18.03.2003 will be treated as 'Dies - Non'. The said circular reads as follows: -

(2.) I heard the learned Standing Counsel for the respondents also. It is common case that the Electricity Board has power to issue regulations concerning service conditions of its employees under S.79(c) of the Indian Electricity Supply Act. The said power will enable the Board to issue executive orders also. The Apex Court has held that the powers analogue to that of the State Government under Art.162 are available to statutory bodies also. (See the decision of the Apex Court in Balasubramanyan v. Tamil Nadu Housing Board ( AIR 1988 SC 8 ). Therefore, the Electricity Board has power to issue circulars concerning the service conditions of its employees. So it cannot be said that the aforementioned circulars were issued without jurisdiction. But, while issuing the said circulars, whether the existing service conditions have been tinkered with etc. are all matters which the petitioners can take up before the respondents and also before the forums provided under the Industrial Disputes Act for resolution in the appropriate manner. But, I find considerable force in the submission of the petitioners that the general direction to treat the absence of all employees on 11.03.2003 and 18.03.2003 as Dies - Non is unjustified. If the employees submit appropriate representations before their Controlling Officers, the same shall be considered on merits uninfluenced by the general direction to treat the absence of all employees on those days as Dies - Non. In other words, if the absence on those days was due to other genuine reasons, the competent authority will pass appropriate orders on the claim of the concerned employee in accordance with law uninfluenced by the blanket direction contained in Circular No.PS. 1/3251/98/275 dated 21.03.2003 issued by the Electricity Board.