U.P STATE ELECTRICITY BOARD AND ORS. versus HARL SHANKER JAIN AND ORS.

Citation: [1979] 1 S.C.R. 355 · Decided: 28-08-1978 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Appeal(s) allowed

Cited by 7 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

·~ 
355 
U.P. STATE ELECTRICITY BOARD AND ORS. 
A 
v. 
HARL SHANKER JAIN AND ORS. 
August 28, 1978 
[V. R. KRISHNA IYER, D. A. DESAI ·AND 0. CHINNAPPA REDDY, J.1.J 
B 
industrial En1ployn1e111 (Standing Orders), 1946 (Act 20.), S. 138, ,1cope of 
--11"/iether the provisions of the Electricity Supply Act, 1948 prevails over the 
pro1'isio11s of Industrial E1nploy111cnt (Stan.ding Orders) Act or vice versa-
Scopr: of the rule of ejusde111 gencris exp'lained--,\faxi111-Generafis specialibus 
non dcrogant, applicability of. 
]l{cspondents \Vere two workmen originally cn1ployed by Mis Seth Ram 
(Joyal and Partners, who were licensees for the distribution of electricity under 
the Electricity Act, 1910. There \Vere certified Sta·nding Orders for the industrial 
est..1bl1shment of the said licensees; but they did not prescribe any age of 
superannuation for the employees with the result the workmein could continue 
to work as long as they were fit and able to discharge their duties. 
Pursuant 
c 
to the purchase by the appellant with effect fron1 l 5-12-1964 of the electricity 
D 
undertnking of M/s S~th Ram Gopal, the employees1 in their industrial esta•blish-
ment including the respondents became the employee of the appellant. 
The 
appellant board which is admittedly an industrial establishment to which the 
Indu"·trial Employment (Standing Orders) Act, 1946 applies, neither n1ade nor 
got .::ertified any standing orders as it was· bound so to do under that Act. 
The 
Board however considered the certified Standing Orders of the establishment o[ 
Seth ]~an1 Gopal as applicable to their employees even after the purchase of t.he 
E 
undertaking by the Board.' Ho\vever, on May 28, 1970 the Governor of Uttar 
Pradesh notified 
under Section .13-B of the Industrial En1ployment (Standing 
Ord~rs) Act, 1946. a regula•tion n1ade by the U.P. State Electricity Board under 
&ct'ion 79( c) of, the Electricity Supply Act, 1948 fixing the age of ~uperannuation 
as 58 and 60 on a par with the other State Govt. employees. 
Acting in pUr-
suance of the regulation as notified by the Governor the appellant sought to 
retire. lhc respondents on July 2. 1972 and July 7, 1972 respectively 011 Lhcir 
F 
attaining the age of 58 years. 
The respondents filed a· Writ "Petition in the 
Allahllhfld High Court chrillenging the regulation n1aJe by the Board and its 
notiflc-.1tion by the Governor which tvas disn1issed. 
But the Division Bench 
which heard the special appeal preferred by them, referred three Questions to 
a Fnll Rench\ The Full Bench a'lls\vered the questions as folloY/s: 
"(.1) The Industrial" Employment (Standing Orders) 1946 applies to the 
G 
industrial establishment of the Slate 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 O'rders) A.ct. 
H 
1946, applies only to the industrial establishn1ents of the Government 
and to no other establishments . 
• 
A 
B 
356 
SUPREME COURT REPORTS 
[\979] [ S.C.R. 
Following the opinion of the Full Bench, the Division Bench allowed the 
special Appeal and issued a \Vrit quashing the notification dated May 28, 1970 
an~ directing the appella-nt :not to enforce the regulation against the respond.::nts. 
The appellant obtained, a certificate under Art. 133(1) of the Constitution anct 
has preferred the appeal. 
Allowing the appeal, the Court 
HELD : 1. The Industrial Etnployn1ent (Standing 
Orders) 
Act, 
1946 
(Act 20) is a special la\V in regard to the n11auers enumerated in the schedule 
and the regulations n1ade by the Electricity Board with respect to any of those 
n1atlers are of no effect, unless such regulations are either notified by the Gov-
ernn1cnt under Section 13-B or certified by the certifying officer under Section 5 
of the Industrial Employment (St11nding Orders) Act, 1946. 
Tn regard to 
C 
n1a1ters in respect of whi.ch regulations made by the Board h<1've not been 
notified by the Governor or in respect of which no regulations have been 
n1ade by the Board, the lndustiial Employn1ent (Standing Orders) Act shaU 
continue to apply. Jn the present case, the regulation made by the Board -..vith 
regard to the age of s11perannua·tion having been duly notified by the Go'!erif-
rnent, the reg

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