Supreme Court grants additional opportunity to Telangana Power Utilities to comply with its directions and One Man Committee

Supreme Court grants additional opportunity to Telangana Power Utilities to comply with its directions and One Man Committee

The Supreme Court granted additional opportunity to Telangana Power Utilities to comply with its directions and One man committee in a contempt case. 

Background 

The contempt petition had been preferred by the 84 petitioners erstwhile employees of the Andhra Pradesh Power Utilities alleging deliberate and willful disobedience of the judgment and order passed by the Court in the case of Telangana Power Generation Corporation Limited vs. Andhra Pradesh Power Generation Corporation Limited non ­compliance alleged against the Telangana Power Utilities (“TS Power Utilities”).

Arguments 

Senior Advocate Huzefa Aziz Ahmadi, appearing for the applicants, submitted that by detailed judgment and orders the Court accepted the report submitted by the One Man Committee of Justice D M Dharmadhikari. 

He contended that by an order the Court had accepted the Concluding Report of the One Man Committee and has directed the respondents to implement and absorb all the employees allocated to TS Power Utilities. However, TS Power Utilities have arbitrarily and unilaterally left out the petitioners contrary to the judgment.

Senior Advocate Niraj Kishan Kaul, appearing for the intervenors­ Andhra Pradesh Power   Utilities, submitted that the respective alleged contemnors have committed apparent contempt of the judgment and order passed by the Court.

He contended that the allocation list approved by the One Man Committee in the Final Report is final and the same is to be implemented by both the Power Utilities without justifying the allocation list.

He urged that TS Power Utilities have devised office orders only to reopen and review the allocation exercise which has already been concluded and approved by the Court.

Decision 

The Division bench of Justice M. R. Shah and Justice A.S. Bopanna said that the Court specifically observed and held that the Final Report submitted by the One Man Committee along with allocation list is final and conclusive and is binding to both the States and respective Power Utilities i.e. Telangana Power Utilities and Andhra Pradesh Power Utilities.

It was added that the only exception was with respect to those employees who attained the age of 58 years in the year 2020. Those employees with the consent of the respective Power Utilities were kept out of the allocation process.

It was observed by the court that the respective subsequent office orders issued by the TS Genco, office order issued by the TS Transco, office order issued by the TSNPDCL and the office order issued by the TSSPDCL are just contrary to the directions issued by the Court and contrary to the Supplementary Report / Final Report submitted by the One Man Committee which would tantamount to willful disobedience of the directions issued by the Court.

The court held that Telangana State Power Utilities cannot be permitted to raise the same objections/issues again and again, which were earlier raised before the Court and the Court held against the Telangana State Power Utilities.

it further held the respective Telangana Power Utilities for willful and deliberate disobedience of the judgment and order passed by it guilty for the contempt, for which, they are liable to be suitably punished. 

The court gave one additional opportunity to the respective Telangana Power Utilities i.e. TS Genco, TS Transco, TSSPDCL and TSNPDCL to comply with the directions issued by the Court   in the final judgment and order and Concluding Final Report submitted by the One Man Committee and to absorb all the respective petitioners in the respective Telangana Power Utilities/establishment as per the list approved by the One Man Committee which would have a direct bearing on the punishment/sentence to be imposed.

The bench directed the respective Telangana Power Utilities to pay salary and other service benefits to the petitioners from the day they are relieved by the respective Andhra Pradesh Power Utilities, to be implemented.

Case title: Y. Sai Satya Prasad & Ors. v/s D. Prabhakara Rao & Ors.

Citation: Contempt petition (civil) d.no.28852 of 2020 

Click here to read the Order/Judgment 

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