The Industrial Employment (Standing Orders) Act, 1946 and the Model Standing Orders do not apply to the Andhra Pradesh State Electricity Board as it is not an 'industrial establishment' under the Payment of Wages Act, 1936.

( 1 ) THESE two writ petitions raise a common question whether the Regulations made by the respondent-Electricity Board are in any way inconsistent with the provisions of the Industrial Employment (Standing Orders) act; 1946 and the Model Standing Orders made thereunder.

( 2 ) IT may be stated at the outset that a preliminary objection fs taken by mr. T. Anantha Babu, the learned counsel appearing for the respondents, that the Industrial Employment (Standing Orders) Act, 1946 and the Model standing orders are not applicable to the respondent-Electricity Board. The faces necessary for determination of the question raised are these. 14 employees in W. P. No. 2372 of 1972 and 66 employees in W. P. No. 4508 of 19/3 of the Andhra Pradesh State Electricity Board have filed these writ petitions questioning the right of the respondents to insist upon the petitioners sitting for an examination in pursuance of Boards proceedings in B. P. Ms. No. 287 dated 1-5-1972. The petitioners in both the writ petitions were temporarily appointed either as Lower Division Clerks or Typists or steno-typists as the case may be in the various sub-offices of the Electricity board. Recruitment on a temporary or emergency basis to the said posts was being made by che Electricity Board from )967 onwards. For the purpose of regularising the services of the temporary Lower Division Clerks or typists, the Board issued proceeding B. P. Ms. No. 241 dated 28-3-1969 as there were more than 1,000 Typists and Clerks recruited on emegency basis. They all agitated for their permanent absorption. It was, therefore, felt by the Board that it may net be desirable to keep such large number of employees in suspense about their future without conferring any benefits of service on them and therefore they made certain rules for regularising their services. Graduates whose work was considered satisfactory should be regularised without any test. Others who possessed the mimlmum educational qualifications with a good record of service may be interviewed and selected. Such of those who did not possess the minimum qualifications or have an unsatisfactory record should be discharged after giving one month s pay. Certain concessions were also provided to those employees who had become over-aged for relaxation of the rules- Reservation was also made for scheduled castes and scheduled Tribes. The manner in which the seniority should be fixed was also provided in these proceedings. Pursuant to the policy enunciated in the aforesaid proceedings, the services of good number of temporary Clerks and Typists were regularised. Then came the next proceedings of the Board in B. P. Ms. No. 287 dated 1-5-1972. These proceedings were issued by the Electricity Board in exercise of the powers conferred upon, it under section 79 of the Electricity (supply) Act 1948. Under these regulations, all those who were temporarily employed were to be called "emergency employees". All of them were entitled to have their services regularised under Regulation No. 23 of the Andhra Pradesh State electricity Board Service Regulations Part II on passing the qualifying test prescribed. The various tests to be held are also specified in these proceedings.

( 3 ) THESE proceedings were followed by Board s proceedings in B, P. Re No. 548 dated 2-9-1972 which were issued on account of the representations made by the Associations of Lower Division Clerks and Typists. They wanted their services to be regularised wirhout any test as was done in the case of lower Division Clerks and Typists who had put in two years of service as on 1-1-1969 in B. P. Ms. No. 241 dated 23-3-1969. The Board therefore, relaxed the previous rule in favour of the emergency clerks and typists who had put in two years of satisfactory service as on 1-5-1972. The appointing authorities were directed to regularise the services of ail emergency lower Division Clerks and Typists who had put in two years of satisfactory service on 1-5-197