FOSECO INDIA LTD Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS writ petition has been preferred by petitioner against the order dated 21st September, 2004 passed by the Consumer Grievance Redressal Forum (hereinafter referred to the Forum) of Jharkhand State Electricity Board (JSEB for short) Ranchi case No. 98 of 2003, whereby and where under the Forum upheld the order dated 1st August, 2003 passed by 3rd respondent, the General Manager -cum -Chief Engineer, JSEB, East Singhbhum at Jamshedpur and held that the Annual Minimum Guarantee (AMG for short) bills dated 28th October, 1999 and 22nd November, 1999 for Rs. 19,02,574.25 paise and Rs. 82,534/ - respectively have been rightly raised.

(2.) LEARNED Counsel for the petitioner submitted that the Company entered into an agreement with JSEB on 12th August, 1995 for High Tension (HT for short) connection to the Company to receive electricity supply. The Company subsequently having become unable to perform well, in November, 1998, introduced a Voluntary Retirement Scheme. Thereafter, the entire work force of the petitioner 'scompany at Jamshedpur comprising of 79 employees were voluntarily retired and were released from the services of the Company in two losts i.e., on 30th November, 1998 and 31st December, 1998 respectively. The petitioner 'sCompany having stopped production, the matter was reported to all the concerned authorities including the Electrical Superintending Engineer, Jamshedpur, Electrical Circle by its letter dated 4th January, 1999. The decision having been taken to close the Company on or about 10th February, 1999, the matter was reported to the Chief Inspector of Factories. Thereafter, the Company faced further problem due to the action taken by the Deputy Labour Commissioner. The petitioner surrendered the HT connection being Consumer No. HJ -46 and requested the JSEB to disconnect supply of electricity. It was informed that the Factory has been closed since February, 1999.

(3.) IT appears that the petitioner challenged the aforesaid energy bills dated 28th October, 1999 and 22nd November, 1999 for Rs. 19,02,574.25 paise and Rs. 82,534/ -respectively by filing a writ petition CWJC No. 98 of 2000 before Ranchi Bench of Patna High Court, which was disposed of on 14th August, 2001. with a liberty to the petitioner to approach the General Manager -cum -Chief Engineer, JSEB East Singhbhum Area Electricity Board, Jamshedpur. The petitioner, thereafter, represented before the said authority, who by order dated 1st August, 2003 upheld the bills, in question. Thereafter, the petitioner preferred an appeal before the Forum against the order dated 1st August, 2003, registered as case No. 98 of 2003, which has been rejected by the impugned order dated 21st September, 2004.