Hon’ble Devendra Kumar Arora, J.—Heard Learned counsel for parties.

2. Learned counsel for petitioner submitted that the petitioner was appointed as a Junior Engineer in the establishment of Cooperative Electric Supply Society Limited on 5.4.1998, which was registered under the provisions of U. P. Cooperative Societies Act, 1965 and engaged itself in the work of distribution of electricity in the rural areas of six blocks comprised in district Lucknow and for that purpose, it was granted a licence by the State Government during the year 1970 in accordance with the provisions of Indian Electricity Act, 1910 and the Rules framed thereunder. It appears that licence period came to an end in 1997 and thus State Government issued an order dated 15.4.1997 directing that with effect from 28.3.1997, the entire work of distribution of electricity shall be carried out and undertaken by the U.P. State Electricity Board. Further, vide the provisions of Section 6-A (g) (i) of the Indian Electricity Act, 1910, the services of the employees working in the society were given protection. The said provisions on reproduction reads as under :

“6-A(g)(i). The following provisions shall govern the working in the undertaking immediately before the appointed day :

(I) Every person who has been immediately before the appointed day in the employment of the licensee shall become on and from the appointed day an employee of the Board on the same terms and conditions and with the same rights as 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 Board and continue to do so unless and until his employment under the Board is terminated or until his remuneration or other terms and conditions of employment are duly altered by the Board.”

3. The submission of the learned counsel for the petitioner is that with effect from 28.3.1997, the employees of erstwhile CESS/Licensee became the employees of U.P. State Electricity Board (hereinafter referred to as the “Board”) since then they became entitled to same terms and conditions of service which applied to the own employees of U.P. State Electricity Board. The U.P. State Electricity Board took a decision on 28.11.1996 to regularize the services of entire Mustor Roll/Daily wage employees engaged in its different Units, who were recruited prior to 4.5.1990 and were still working in the Board, but in a most arbitrary and discriminatory manner, the benefit of the aforesaid decision dated 28.11.1996 was not extended to all the daily wage employees of the CESS, who were recruited prior to 4.5.1990 and were still working in the Board after the revocation of the License granted to erstwhile CESS and transfer of its assets and liabilities in favour of the Board.

4. Feeling aggrieved by the aforesaid arbitrary and discriminatory action on the part of the Board as many as 34 employees of the erstwhile CESS preferred writ petition No. 4027 (S/S) of 1998, which was finally disposed of. The operative portion of the same reads as under :

“..................................................................................

Once the work with regard to the supply of the electricity earlier being performed by the Co-operative Electric Supply Society has been taken over by the Cooperative Electric Supply Society and since the employees have also been taken over, it is the duty of the U.P. State Electricity Board to provide the same facility to the petitioners which it is providing to its own daily wage employees. There seems to be no reasonable ground for discrimination between two sets of employees who are daily wagers, more particularly when they are performing the functions which they were earlier performing with the Cooperative Electric Supply Society. Hence, it is just and reasonable to issue a direction to the U.P. State Electricity Board to act in accordance with its decision contained in Annexure-5, within a period of four months.”