Delhi High Court
Delhi State Electricity Workers ... vs Bses Rajdhani Power Led on 15 November, 2021
$~9(2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decision delivered on: 15.11.2021
+ LPA 87/2021 & CM No.8235/2021
DELHI STATE ELECTRICITY WORKERS UNION......Appellant
Through : Mr A.K. Trivedi and Mr Naveen
Kumar, Advs.
versus
BSES RAJDHANI POWER LTD. & ANR. ......Respondents
Through : Mr Sudhir Nandrajog, Sr.Adv. with
Mr Anupam Varma, Mr Nikhil
Sharma, Mr Aditya Gupta and Mr
Aditya Ajay, Advs.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE TALWANT SINGH
[Physical Court Hearing]
RAJIV SHAKDHER, J. (ORAL):
1. The present appeal has been preferred against the judgment dated
08.01.2021, passed by the learned single judge in W.P.(C)No. 10399/2020.
2. Mr A.K. Trivedi, who appears on behalf of the appellant-union,
submits that, vide circular dated 13.02.2020, the procedure qua procurement
of air/rail tickets for extending the benefit of Leave Travel Concession (in
short "LTC") to the members of the appellant-union, has been changed.
2.1 In this behalf, Mr. Trivedi has drawn our attention to the Office
Memorandum, dated 19.06.2014, and paragraph 3(b) and (n) of the tripartite
agreement, dated 8.10.2000, entered into between the Government of NCT
of Delhi, Delhi Vidyut Board and Delhi Vidyut Board Joint Action
Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:22.11.2021
12:01:32
Committee.
3. On being queried, Mr Trivedi does not dispute the fact that, the LTC
benefit, which was made available to the members of the appellant-union
earlier, continues to be extended to them, even after execution of the
aforementioned tripartite agreement.
3.1 Furthermore, Mr Trivedi also accepts that the only change which has
been brought about by the impugned circular dated 13.02.2020 is as regards
the manner in which the LTC benefit is to be extended to the members of the
appellant-union. In other words, the change, in effect, concerns the
procedure put in place for procurement of air/rail tickets.
4. To be noted, paragraphs 3(b) and (n), referred hereinabove, of the
above-mentioned tripartite agreement read as follows:
".......
3. Now, therefore, in consideration of the promises and mutual
conditions set forth herein, it is agreed that in the event of
reorganization of DVB into two or more corporate entities and
disinvestment of any such entities of GNCT of Delhi and the DVB
hereby guarantee as follows :
xxx xxx xxx
(b) The terms and conditions of service upon transfer to the
corporate entities, such as promotions, transfers, leave and other
allowances, etc. regulated by existing regulations/service rules
e.g. FR/SR will be guaranteed to continue the same and any
modifications shall be by mutual negotiations and settlement with
recognized unions/associations without detriment to the existing
benefits.
xxx xxx xxx
(n) The existing work norms shall continue in the corporate
entities. Any change therein shall be brought about through
negotiations/settlements between the recognized
union/associations and management.
....."
Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:22.11.2021
12:01:32
4.1. A careful perusal of paragraph 3(b) shows that, it mandates that the
terms and conditions of service, upon transfer to the corporate entities, such
as promotions, transfers, leave and other allowances, etc., which are
regulated by existing regulations/service rules (e.g. FR/SR), are guaranteed
to continue and modifications, if any, shall be made only by undertaking
mutual negotiations and entering into settlement(s) with recognized
unions/associations, albeit without causing detriment vis-a-vis existing
benefits.
4.2. Likewise, insofar as paragraph 3(n) of the tripartite agreement is
concerned, it broadly stipulates that existing work norms shall continue in
the corporate entities and that change, if any, will be brought about only
through negotiations/settlements carried out between recognized
union/associations and the management.
5. As is evident from the queries put to Mr Trivedi, even according to
him, there is no change in the terms and conditions of service, which
subsisted before the transfer of members of the appellant-union to the
corporate entities.
5.1 In particular, the LTC which was paid prior to the transfer of the
members of the appellant-union to the corporate entities, continues to be
paid to them; the only change that was brought about by the impugned
circular dated 13.02.2020 is, as regards the procedure put in place for
procuring air and rail tickets.
5.2. To our minds, this would not constitute a change in the terms and
conditions of service of the members of the appellant-union, who stand
transferred to the corporate entities.
Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:22.11.2021
12:01:32
6. Therefore, in our view, no interference is merited qua the impugned
judgment passed by the learned single judge.
7. Before we conclude, we may also record that, Mr Sudhir Nandrajog,
learned senior counsel, who appears on behalf of the respondents, has taken
an objection to the maintainability of the above-captioned appeal.
7.1 Mr Nandrajog says that, the above-captioned appeal has been filed by
a person, who is not authorized to institute the same.
7.2. Given the fact that we have dismissed the above-captioned appeal, the
aforesaid objection need not be entertained by us.
8. Needless to add that, if there is any change or modification proposed
in the terms or conditions of service of the members of the appellant-union,
who were transferred to the corporate entities, in accordance with the
aforementioned conditions of the tripartite agreement dated 8.10.2000, the
change or modification will be brought out after negotiations are held or
settlement is arrived at with the recognized union(s)/association(s).
9. The above-captioned appeal is, accordingly, disposed of.
Consequently, pending application shall also stand closed.
RAJIV SHAKDHER, J
TALWANT SINGH, J
NOVEMBER 15, 2021
aj
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Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:22.11.2021
12:01:32
