FERRO ALLOYS CORPORATION LIMITED SHREERAMNAGAR AND Vs. ANDHRA PRADESH STATE ELECTRICITY BOARD HYDERABAD

JUDGEMENT

(1.) The writ appeals arise out of an order of the learned single Judge dismissing the writ petitions filed by the appellant-Industrial concerns against the action of the A.P. State Electricity Board (hereinafter referred to as 'the Board') in not treating them as H.T. Category-1 units. The writ petition, W.P. 18678 of 1987, assails a similar action questioned in the above dismissed writ petitions. All these matters, therefore, are disposed of by this common judgment.

(2.) In the year 1975 the Board having evolved certain guidelines classified the Industrial concerns herein as 'Power Intensive Industries' and fixed the tariff by virtue of the power vested in it under S. 49 of the Electricity (Supply) Act, 1948. The earliest of the proceedings, B.P. Ms. No. 689 dated 17-9-1975, fixed the tariff for these Industrial concerns at 'eleven' paise per unit as against 'twenty-three' paise for H.T. Category-1 consumers. As a matter of fact, the Industrial concerns have opted to fall under 'Power Intensive Industries', obviously because the difference in the unit rate was 52% to their benefit. The tariffs for 'H.T. Category-1' and 'Power Intensive Industries' had undergone revisions from time to time and ultimately in the year 1987 through B.P. No. 671 dated 10-6-1987 the tariff for 'Power Intensive Industries' was fixed at 83 (eightythree) paise per unit whereas it was at 76 (seventy six) paise for H.T. Category-I consumers. The difference in the unit rate worked out to 9% to the disadvantage of the Industrial concerns aggrieved in these proceedings. Consequently the Industrial concerns wanted to switch over to 'H.T. Category-1' to avail of the unit rate applicable therefor and inasmuch as their efforts proved futile, having been turned down by the Board, they invoked the writ jurisdiction of this Court.

(3.) The learned counsel for the Industrial concerns, Sri K. Srinivasa Murthy, Sri T. Anantha Babu and Sri M.R.K. Choudhary, mainly contended that (i) the fixation of the tariff under B.P. Ms. No. 671 dated 10-6-1987 is not one resultant of the procedure contemplated by Ss. 13 and 14 of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Act'), (ii) the very classification of the Industrial concerns as 'Power Intensive Industries' lacks the rationale basis to the object sought to be achieved, in that, it suffers not only from the vice of discrimination but also of arbitrariness, (iii) the Board is not a profit making unit and therefore cannot raise the tariff as per its wish and whim and (iii) that the action in not permitting the Industrial concerns to switch over to H.T. Category-1 while permitting certain similarly placed industries amounts to discrimination.