JUDGMENT

S.B. Sinha, J.—

1. Correctness or otherwise of an observation made by a two Judge Bench of this Court in BSES Ltd. and others v. Tata Power Company Ltd.,1 [(2004) 1 SCC 195] having been doubted, this matter has been referred to a Larger Bench.

2. Kerala State Electricity Board (KSEB), respondent No.2 is constituted and incorporated under the provisions of the Electricity (Supply) Act, 1948 (for short ‘the 1948 Act’). Indisputably the first respondent is entitled to frame and revise tariff for electrical energy in exercise of the powers conferred upon it by Sections 49, 59 and clause (j) of Section 79 of the 1948 Act.

3. The Parliament enacted Electricity Regulatory Commissions Act, 1998 (for short 1998 Act) which received the assent of the President of India on or about 2nd July, 1998. It was, however, deemed to have come into force with effect from 25th April, 1998.

4. By order dated 13th May, 1999, KSEB revised its tariff with effect from 15th May, 1999. A writ petition was filed by an Association questioning the said order.

5. Subsequently on 3rd May, 2001 the Government of Kerela effected an increase of tariff for all categories of consumers except old age homes, schoo