INDIAN ALUMINIUM COMP. LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a company incorporated under the Companies Act with its registered office in Calcutta. The petitioner has established a factory near Alwaye within the Kerala State for production of Aluminium and Aluminium products. The electrical energy required for the purpose is being supplied by the Kerala State Electricity Board, the 2nd respondent. The petitioner had entered into agreement with Travancore - Cochin State, the predecessor in interest of 2nd respondent, as regards the price to be charged for the electrical energy to be supplied to it.

(2.) The Government of Kerala ,in the exercise of their power under S.2 of the Kerala Essential Articles Control (Temporary Powers) Act, 1961 (Act 3 of 1962), hereinafter referred to as the Kerala Act, declared by a notified order, Ext. P5, that electricity is an essential article, and by their Order, Ext. P1, dated 1.6.1968 passed under S.3 of the Kerala Act directed the 2nd respondent to levy a surcharge on the supply of electrical energy directly or through licensees. Clause (6) of Ext. P1 order provides that it shall not be lawful for the Kerala State Electricity Board or for the licensees receiving bulk supply from the Kerala State Electricity 8 Board to supply energy for a price which does not include the surcharge leviable by or under the order.

(3.) The petitioner has been asked to pay surcharge in accordance with the provisions in Ext. P-1, by Exs. P2 (a), P2(b), P2(c), P4 (a), P4 (b), and P4 (c) notices.