NDLI: U.p State Electricity Board and Ors. Vs. Hari Shanker Jain and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1946 Industrial Employee (Standing Orders)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Electricity (supply) Act, 1948 (54 of 1948) Industrial Employment (standing Orders) Act, 1946 (20 of 1946)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Industrial Employment (Standing Orders), 1946 (Act 20.), S. 138, scope of - Whether the provisions of the Electricity Supply Act, 1948 prevails over the provisions of Industrial Employment (Standing Orders) Act or vice versa - Scope of the rule of ejusdem generis explained - Maxim - Generalis specialibus non derogant, applicability of. Respondents were two workmen originally employed by M/s Seth Ram Gopal and Partners, who were licensees for the distribution of electricity under the Electricity Act, 1910. There were certified Standing Orders for the industrial establishment of the said licensees; but they did not prescribe any age of superannuation for the employees with the result the workmen could continue to work as long as they were fit and able to discharge their duties. Pursuant to the purchase by the appellant with effect from 15-12-1964 of the electricity undertaking of M/s Seth Ram Gopal, the employees in their industrial establishment including the respondents became the employee of the appellant. The appellant board which is admittedly an industrial establishment to which the Industrial Employment (Standing Orders) Act, 1946 applies, neither made nor got certified any standing orders as it was bound so to do under that Act. The Board however considered the certified Standing Orders of the establishment of Seth Ram Gopal as applicable to their employees even after the purchase of the undertaking by the Board. However, on May 28, 1970 the Governor of Uttar Pradesh notified under Section 13-B of the Industrial Employment (Standing Orders) Act, 1946. a regulation made by the U.P. State Electricity Board under section 79( c) of the Electricity Supply Act, 1948 fixing the age of superannuation as 58 and 60 on a par with the other State Govt. employees. Acting in pursuance of the regulation as notified by the Governor the appellant sought to retire the respondents on July 2, 1972 and July 7, 1972 respectively on their attaining the age of 58 years. The respondents filed a Writ Petition in the Allahabad High Court challenging the regulation made by the Board and its notiflcation by the Governor which was dismissed. But the Division Bench which heard the special appeal preferred by them, referred three Questions to a Full Bench. The Full Bench answered the questions as follows:(1) The Industrial Employment (Standing Orders) 1946 applies to the industrial establishment of the State Electricity Board. (2) The Standing Orders framed, in an industrial establishment by an electrical undertaking, do not cease to be operative on the purchase of the undertaking by the Board or on framing of the Regulations under Section 79(c) of the Electricity (Supply) Act, 1948 and (3) Section 13-B Of the Industrial Employment (Standing Orders) Act, 1946, applies only to the industrial establishments of the Government and to no other establishments . Following the opinion of the Full Bench, the Division Bench allowed the special Appeal and issued a writ quashing the notification dated May 28, 1970 and directing the appellant not to enforce the regulation against the respondents. The appellant obtained, a certificate under Art. 133(1) of the Constitution and has preferred the appeal.
Judge	Hon'ble Mr. Justice O. Chinnappa Reddy
Neutral Citation	1978 INSC 145
Petitioner	U.p State Electricity Board And Ors.
Respondent	Hari Shanker Jain And Ors.
SCR	[1979] 1 S.C.R. 355
Judgement Date	1978-08-28
Case Number	2199

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