IMPORTANT POINTS
What is under challenge in these Writ Petitions is the vires of Regulation 116. If at all the Government found that there were difficulties to comply with the Regulations or the provisions in the scheme or agreement stood in the way of implementation, the State Government could have brought the same to the notice of the Authority when it was consulted before framing the Regulations.

JUDGMENT :

1. Order issued by the Government (produced as Ext.P4 in W.P.(C). 6410 of 2019) exempting the existing employees of Kerala State Electricity Board Ltd. from the qualifications prescribed in Regulations 6 and 7 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 (hereinafter referred to as `Regulations' for short), purportedly under Regulation 116 of the Regulations is under challenge in these Writ Petitions filed by Sub Engineers/Overseers/Linemen. As the issue involved is common, all these Writ Petitions are disposed of by this common judgment. The parties and documents referred to in this judgment are as described in W.P.(C) No.6410/2019 unless specified otherwise.

2. English translation of the operative portion of Ext.P4 order is the following:

“Government examined the same, taking note of the importance of the Regulations, the right of the employees to enjoy the service benefits and promotional avenues based on long term settlements and found that any alteration of the service conditions would adversely affect the efficiency and smooth functioning of the KSEBL. The experience gained in the electricity wing is sufficient to perform the duties attached to each post effectively. Considering the above aspects, Government, in exercise of its powers under Regulation 116 of the Regulations 2010, hereby orders that the promotion of the existing employees would continue to be governed by the existing provisions, effecting deviation, in relaxation of Regulations 6 and 7.”

The contention of the petitioners is that the Government does not have any authority to issue such an order. They are also challenging Regulation 116 to the extent it permits the State Government/Central Government to issue orders deviating from the provisions contained in the Regulations. According to them, the said provision is ultravires the provisions contained in the Electricity Act, 2003, as the same does not contain any provisions enabling the Central Electricity Authority to frame a regulation permitting the Governments to grant exemptions. The Central Electricity Authority is not empowered to delegate its functions to the Government in the absence of any enabling provisions. The petitioners point out that the reason for issuing Ext.P4 order is a representation received from a trade union, as evident from Ext.P5. It is pointed out that the authority is framing regulations after consultation with all stake holders.

3. Respondents 1 and 2 have filed a counter affidavit supporting Ext.P4 order passed by the Government. It is stated that all the functions, assets, liabilities, rights and obligations of the erstwhile Kerala State Electricity Board were vested in the State Government as per notification dated 25.09.2008 of the State Government, in exercise of its powers under Section 131 of the Act. Thereafter, all those were revested in the Kerala State Electricity Board Limited, as a Public Limited Company, based on Second Transfer Scheme (revesting) 2013 as per Ext.R2(a) scheme dated 31.10.2013 and KSEBL started its operations on 01.11.2013. According to them, the provisions in Regulations 6(3) and 7 (3) providing for training to be given to the existing employees is consistent with Section 133(2) of the Act and the Regulations can only be subservient to the Act. It is also stated that the Central or State Government can allow deviations in matters referred in the regulations. It is stated that in the light of Sections 53 and 177(2)(b), the Authority has to consult the State Government while specifying measures relating to safety and electrical supply. It is stated that Ext.R2(b) tripartite agreement was executed between the KSEBL, its employees and the Government of Kerala on 01.08.2014 in accordance with clause 6(8) of Ext.R2(a) scheme; as per clause 2(c) of that agreement, the terms and conditions of services of existing employees such as promotions, transfers, wages, compensations, leave, allowanc