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1996 Supreme(SC) 1986

J.S.VERMA, SUHAS C.SEN
Bhola Nath Mukherjee: W. B. state Electricity Board – Appellant
Versus
Government Of W. B. : Bhola Nath Mukherjee – Respondent


JUDGMENT

SEN, J. - Asansol Electricity Supply Co. Ltd. (hereinafter described as the Company) was a licensee under the Indian Electricity Act, 1910 and was engaged in the business of generation and distribution of electricity. On 5-4-1979 the West Bengal Government, in exercise of its powers under Section 4(1) of the Indian Electricity Act, 1910 (hereinafter described as the Act), revoked the licence of the Company and directed the Company to sell the undertaking to the West Bengal State Electricity Board (hereinafter described as the Board) on 16-4-1979. Pursuant to the said order, the Deputy Chief Engineer (Commercial) took over the said undertaking on behalf of the Behalf of the Board on 16-4-1979. The employees of the Company were allowed to continue in the service of the Board.

2. After an interval of about twenty days, on 5-5-1979 the Board asked the employees to execute a form containing fresh terms and conditions of service which, according to the employees, amounted to fresh appointments under the Board. Such appointments were to be temporary and/or provisional appointments, initially for a period of three months. The further continuance of the writ petitioners in the servi

































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