TAMIL NADU MIN OPPANTHAKARARKAL MIN EANIPALARKAL CENTRAL ASSOCIATION Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) ORDER: These two writ petitions are filed by the respective Association registered as Trade Union under the Trade Unions Act, 1926, the members of the Association being licensed Electrical Contractors. The petitioners pray for the issue of a writ of certiorarified mandamus to call for the records relating to B.P.(FB) No.25 (Accounts Branch) dated 31.10.2000 of the Tamil Nadu Electricity Board to quash the same and to direct the respondent to follow the existing procedure for effecting new service connection in respect of all low tension services by the Tamil Nadu Electricity Board.

(2.) ACCORDING to the petitioner, respondent/ Board is constituted under the Indian Electricity Supply Act, 1948. The power to frame the regulations came to be vested on the Electricity Board by virtue of Sec.37 of the Indian Electricity Act, 1910. Under Sec.26 of the Indian Electricity (Supply) Act, 1948 powers and obligations of the licensees are controlled. Therefore, being a licensee under 1910 Act the Electricity Board is statutorily bound by the various Rules and Regulations framed under 1910 Act. By virtue of Sec.37 of 1910 Act, Indian Electricity Rules, 1956 have been framed. Rules 45 and 139 provide for the procedure for issuing Certificate of competency before electrical installation work is carried out. Rule 139 provides for penalty for breach of Rule 45.

(3.) IN W.M.P.No.2505 of 2001 the rival Union, Ramanathapuram Mavatta Thaniyar Min Thozhilalar Sangham, has prayed for impleadment of that Sangham as respondent in the writ petition alleging that their interest is very much involved. Considering the fact that they are also equally interested as much as the petitioner Union, I am inclined to allow the said petition and I have also allied Mr.V.Prakash, learned counsel for the impleaded party to address arguments on the merits of the writ petition.