WEST BENGAL STATE ELECTRICITY TRANSMISSION CO. LTD. Vs. WEST BENGAL STATE ELECTRICITY BOARD ENGINEERS ASSOCIATION

JUDGEMENT

(1.) These two appeals raise an identical issue of enforceability of the dearness allowance under the Revision of Pay and Allowances Rules 2009 at the instance of the employees.

(2.) The learned Single Judge, in deciding the writ petitions, has, on consideration of the provision relating to dearness allowance, held that the employer is obliged to extend the dearness allowance to its employees at such rate, on and from 1st January, 2009, as may be notified by the Central Government from time to time and that under no circumstances the said facilities can be denied, even if the management of the two companies, i.e. the appellants herein can demonstrate poor financial condition. 2 Before we advert to the submissions made on behalf of the parties, we state the facts in a nutshell.

(3.) The members of the respondent no.1 in both the writ petitions are the erstwhile employees of the West Bengal State Electricity Board (in short 'WBSEB'). Pursuant to a scheme dtd. 25th January, 2007 the said board was bifurcated into West Bengal State Electricity Transmission Company Limited (in short 'WBSETCL') and the West Bengal State Electricity Distribution Company Limited (in short 'WBSEDCL'). The scheme was duly notified in exercise of powers under Sec. 131(4) of the Electricity Act, 2003. By reason of the said scheme, all properties, interests, rights and liabilities of West Bengal State Electricity Board were transferred to and vested in the State Government, and re-vested thereof by the State Government in the two Companies, namely, WBSETCL (or "the electricity transmission company) and WBSEDCL (or "the electricity distribution company").