A IYASAMY PRESIDENT TAMILNADU ELECTRICAL EB LICENSED CONTRACTORS CENTRAL ASSOCIATION Vs. MEMBER/ACCOUNTS ACCOUNTS BRANCH TAMILNADU ELECTRICITY BOARD CHENNAI

JUDGEMENT

(1.) THE petitioners in W.P.Nos.23864, 23325, 21707 of 2008 namely, Mr.A.Iyasamy, President, TamilNadu Electrical (EB) Licensed Contractor's Central Association (Regd. 49/68), and Mr.M.Chellappa, President, TamilNadu Thaniar Minn Paniyalargal Mathia Sangam, Mr.Pon Krishnan, THE TamilNadu Min Oppendakarargal and Min-innaippukkarargal Central Association respectively, have challenged the impugned circular dated 20.06.2008, issued by the Member/Accounts Accounts Branch, TamilNadu Electricity Board, Chennai, the first respondent, and consequently prayed for a direction to the respondents to insist and obtain the signatures of the Electrical Licensed Contractors in the application form to be submitted by the consumers for Low Tension Service Connections and to follow the mandate under Rule 45 of the Indian Electricity Rules 1956.

(2.) AS pleadings and submissions advanced by the learned counsel appearing for the parties are common, the Writ petitions, are being disposed of by a common order.Facts of the case are as follows:The Writ petitioners are ASsociations registered under Trade Union Act, and the members of the association are Licensed Contractors and Wireman, authorised to install electrical works in Low Tension Service, for which electrical connections are given by TamilNadu Electricity Board. The members of the petitioner's ASsociations are granted certificates of competencies periodically, for the purpose of carrying out electrical installations, and to issue certificate of competency, before the electrical installation work is carried out, and for the purpose of granting test certificate, to effect electricity connection in Low Tension Services.

(3.) THE petitioners have further submitted that earlier, the respondents issued a circular dated 31.10.2000, by which, the condition to obtain the signatures of the Licensed Contractors in the application forms and the declaration, that has to be made in the test report was dispensed,and the aforesaid order passed by the Board had the effect of diluting the mandate contained in Rule 45 of the Indian Electricity Rules 1950. THErefore, Writ petition were filed in W.P.Nos.19616 and 19618 of 2000 to quash the said circular. This Court allowed the Writ Petitions, holding that the statutory requirements of certification by the Licensed Contractors are a positive requirement and that the application form, which is also a part of the statute as prescribed, cannot be amended or altered without invoking the rule making power and the same cannot be done by an administrative order.