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2009 Supreme(Raj) 281
[Citation : 2010(1) RLW 585 (Raj.)]
(Rajasthan High Court)
G.S. Sabla Vs. R.S.E.B. (Panwar, J.)
HON'BLE H.R. PANWAR, J.
G.S. Sabla
Versus
Rajasthan State Electricity Board, Vidhyut Bhawan, Jaipur & Ors.
S.B. Civil Writ Petition No. 800 of 1986, decided on 19.02.2009
M. Mridul, Senior Advocate with Vandana Bhansali, for Petitioner and for Respondent in S.B.C.W.P. No. 3016/2000;
Ravi Bhansali, for Petitioner in S.B.C.W.P. No. 3016/2000 and Respondent in S.B.C.W.P. No. 2794/86;
Mahish Sisodiya, for Respondents in S.B.C.W.P. No. 800/86
Headnote:Rajasthan Private Electricity supply undertakings (Acquisition) Act,1975, Sec. 11 — Counting entire service rendered with company for seniority and promotion — Held — The employees were given fresh appointment u/S. 11 and they accepted it — The respondents State Govt. and R.S.E.B. were empowered to alter remuneration, terms and conditions of service which they did — Not entitled to count the period of services rendered by them with the Erstwhile company for seniority and promotion.
Writ petition of employees dismissed. (Paras 10 to 12)
jktLFkku futh fo|qr vkiwfrZ ifjopu ¼vf/kxzg.k½ vf/kfu;e] 1975] /kkjk 11 & ofj"Brk ,oa inksUufr ds iz;kstu gsrq dEiuh esa dh xbZ lEiw.kZ lsok dh x.kuk djuk & vfHkfu/kkZfjr & deZpkfj;ksa dks /kkjk 11 ds rgr u;s fljs ls fu;qfDr nh xbZ Fkh vkSj mUgksaus bls Lohdkj fd;k & izR;FkhZx.k jkT; ljdkj ,oa vkj-,l-bZ-ch- izfrQy] fucU/kuksa ,oa lsok krksZ esa cnyko djus gsrq lkDr Fks tks mUgksaus fd;k & ofj"Brk vkSj inksUufr gsrq rRdkfyu dEiuh ds lkFk muds }kjk dh xbZ lsok vof/k dh x.kuk djus ds gdnkj ughaA
deZpkfj;ksa dh ;kfpdk [kkfjt dhA ¼in l[a;k 10 ls 12½
2. In the two writ petitions filed by G.B. Sabla and Nemi Chand, the petitioners seek a direction to assign seniority by taking their entire services rendered by them with the Erstwhile Maharana Bhupal Electric Supply Company Private Limited, Udaipur (for short `the Company' hereinafter) and consider their case for promotion to the post of Executive Engineer.
3. In the writ petition filed by RSEB being Writ Petition No. 3016/2000, the order Annex. 3 dated 10.11.1998 passed by Industrial Dispute Tribunal and Labour Court , Udaipur (for short `the Labour Court' hereinafter) has been challenged.
4. The facts and circumstances giving rise to these writ petitions are that the writ petitioners G.S.Sabla and Nemi Chand and various respondent mentioned in Writ Petition No. 800/86 were employee of the Company. The Rajasthan Private Electricity Supply Undertaking (Acquisition) Act, 1975 (for short `the Act of 1975' hereinafter) came into force w.e.f. 21.4.1975. On coming into force of the Act of 1975, the Company was taken over by the State Govt. on 22.4.1975 and from next day on 23.4.1975 it was transferred to Rajasthan State Electricity Board (for short `RSEB' hereinafter). The employees of the Company under the provisions of vesting were taken over by the Govt. and on transfer by RSEB. The petitioners claim to count their entire services which they had rendered with the Company prior to taking over by Govt. and they by RSEB for the purpose of seniority, promotion etc. The relevant provision dealing with the terms and conditions of the service of such employees who were employees of the Company and were taken over by the State Govt. and thereafter transferred to RSEB under the provisions of the Act of 1975, is Section 11. Section 11 of the Act of 1975 reads as under:-
"11. Provisions for existing staff of licensee.-(1) Every person who was genuinely employed in connection with the affairs of an undertaking as its employee immediately before the vesting date shall become on the vesting date an employee of the Government and thereafter an employee of the Board on the date of transfer of the undertaking to the Board under Section 5 and shall hold his service on the same terms and conditions and with the same rights to pension gratuity and other matters as would have been admissible to him if the undertaking had not been transferred to and vested in the Government or the Board as the case may be and continue to do so unless and until his employment under the Government or the Board as the case may be is terminated or until his remuneration terms or conditions are duly altered by the Government or the Board as the case may be.
(2) If the licensee fails to pay such an employee his dues as immediately before the vesting date the Government or the Board as the case may be may pay him those dues and the amount so paid shall be deducted from the amount payable by the Government to the licensee.
(3) In case the Government or the Board as the case may be retrench any such employee within a period of one year from the vesting date the amount payable to such an employee on retrenchment shall be deducted from the amount payable by the Govt. to the licensee.
(4) For the person who immediately before the vesting date were the trustees for any pension, provident fund or gratuity or other like fund constituted for the employees of the licensee, there may be substituted as trustees such persons as the Government may, be general or special order, specify.
(5) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947) or in any other law for the time being in force the transfer of the services of any employee from the licensee to the Government or from the government to the Board shall not ent
