Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Electricity Regulatory Commission Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Electricity Regulatory Commission Act, 1998:s. 13 - Central Electricity Regulatory Commission - Power to regulate tariff - Factors to be taken into account - Operation and Maintenance expenses - Increase in salary of employees of generating company (NTPC) consequent upon revision of pay scales - HELD: Central Commission has exclusive jurisdiction to frame tariff - For this purpose, actual cost required for payment to employees being part of Operation and Maintenance cost could fall for determination (Jy Central Commission. Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999:Regulations 92, 93, 116 and 117 - Revision of tariff HELD: In exercising such jurisdiction, Central Commission must act within reasonable time - Application should have been filed within the period during which tariff .order was in force - Besides, although provisions of s. 11 CPC are not applicable, but general principles of res judicata may be applicable - NTPC was aware of impending revision of pay scales and had provisionally implemented it in part - Appellate Tribunal erred in holding that increase in salary with .. retrospective effect could have been a subject matter for determination of tariff in another period - Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, A 2001: Regulation 7. 2( d)(i) and (iv) - Code of Civil Procedure, 1908 - s.11 - Res judicata - Limitation. The respondent-Corporation (NTPC), pursuant to revision of salary of its employees w.e.f. 1.7.1997, filed petition before the Central Electricity Regulatory Commission for revision of tariff for its stations at Korba ~ (Chattisgarh) and Dadri (UP) for.the years 1997-98 to 4 1999-2000, taking into account its liability towards arrears of salary of its employee from 1.7.1997. The Central c Commission after taking into consideration the data provided by NTPC including for the year 2000-2001 and the provisions made during the years 1997-98 to 1999- 2000 towards anticipated revised costs therefore, determined the operational and financial norms for the generating stations of the Corporation which was ~ inclusive of employees' costs. NTPC filed revision applications in the year 2005 in respect of Korba and Dadri power stations claiming allowances of actual revised costs incurred by it on account of arrears paid in 2000-2001. The Commission dismissed the revision applications. The appeals of NTPC were allowed by the Appellate Tribunal holding that amounts of arrears paid '( by NTPC on 2000-2001 on account of employees cost be considered in tariff fixation for reimbursement, as admissible by the Regulations, in the forthcoming tariff period. Aggrieved, the U.P. Power Corporation Ltd. filed the appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 292 |
Petitioner | U.p. Power Corporation Ltd. |
Respondent | National Thermal Power Corporation Ltd. And Ors. |
SCR | [2009] 3 S.C.R. 1060 |
Judgement Date | 2009-03-03 |
Case Number | 1110 |
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