ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) A common question arises in these writ appeals and writ petitions. They were therefore heard together and are being disposed of by this common judgment. The brief facts of the case are as follows:

(2.) The appellants and the writ petitioners are employees of the Kerala State Electricity Board constituted under Section 5(1) of the erstwhile Electricity (Supply) Act, 1948. While they were in the service of the Kerala State Electricity Board (hereinafter referred to as "the Board" for short), the Parliament enacted the Electricity Act, 2003, thereby repealing the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948 and the Electricity Regulatory Commissions Act, 1998. The Kerala State Electricity Board Limited (hereinafter referred to as "the KSEB" for short) was thereafter incorporated as a company under the Companies Act, 1956, by the Registrar of Companies, Kerala, on and with effect from 14.1.2011. Such incorporation was necessitated on account of the provisions contained in Sections 131, 132 and 133 of the Electricity Act, 2003.

(3.) In terms of the provisions contained in Sections 131, 132 and 133 of the Electricity Act, 2003 the State Government framed and issued the Kerala Electricity First Transfer Scheme, 2008, (Ext.P4 in W.P(C) No.29438 of 2016), which came into force on 25.9.2008. By that Scheme, all functions, properties and all interests, rights and liabilities of the Board as specified in the Schedule to the Scheme, were vested in the State Government. After the Kerala State Electricity Board Limited (KSEB) was incorporated on 14.1.2011, the State Government framed and issued the Kerala Electricity Second Transfer Scheme (Re-vesting), 2013, which came into force on 31.10.201 By that Scheme, the functions, properties, interests and all rights and liabilities of the Board were re-vested in the KSEB. Ext.P6 in W.P(C).29438 of 2016 is a true copy thereof. By that scheme, the personnel of the Board were assigned to the service of the KSEB.