SADAU ASOM BIDYUT KARMI KALYAN PARISHAD, AN ASSOCIATION OF THE EMPLOYEES OF THE ASSAM STATE ELECTRICITY BOARD AND ANR. Vs. ASSAM STATE ELECTRICITY BOARD AND ORS.

JUDGEMENT

(1.) IN this writ petition, the Petitioners have challenged the vires of regulations 3 to 7, 5 to 19 and 22 of the Assam State Electricity Board Officers' (Conduct) Regulations, 1932, for short the "1982 -Regulations".

(2.) THE contention of the learned Counsel for the Petitioners Is that the regulations violate Article 14 of the Constitution of India, and that the Assam State Electricity Board (ASEB for bravity) has no jurisdiction to make the "1982 -Regulations" under Section 79 of the Electricity (Supply) Act, 1948, for short the "Supply Act", or under Regulation 10 of the Assam State Electricity Board (General Service) Regulation, 1960 for short the "1960 -Regulations".

(3.) IN UPSE Board v. Hari Shankar, AIR 1979 SC 65, the Supreme Court has, while considering the Supply Act and Industrial Employees (Standing Orders) Act, 1946, for short the "Standing Order Act", has held that Statutory Bodies are authorities within the meaning of Article 12 of the Constitution, and that the employee of those bodies have a statutory status, and that the regulations made under the statute creating those bodies have the force of law. The Supreme Court has further held that the Standing Orders Act is a special law in regard to the matters enumerated in the schedule and the regulations made by the Electricity Board with respect to any of those matters are of no effect unless such regulations are either notified by the Government under Section 13B or certified by the Certifying Officer under Section 5 of the Standing Orders Act. This principle was again reiterated in UPSE Board v. Labour Court : AIR 1984 SC 1450.