Bro. R. Chandrasekaran, General Secretary of Tamilnadu Electricity
Board Accounts & Executive Staff Union, a PSI affiliate, has advised that the Union will be seeking a Court stay on
transfer of personnel until the Tripartite agreement is signed under the
Electricity Act 2003. in line with the below 10 points
Advises PSI South Asia Sub Regional Secretary Raman Kannan kannan.raman@world-psi.org
The Tamil Nadu
Electricity Board Accounts and Executive Staff Union
(Regd.No 2472)
(Recognised )
Head Quarters –
Chennai – 600 002.
(Affiliated
with Public Service International )
Notes on
the High Court Stay against the change of qualification in TNEB from SSLC to
Degree for appointment to the post of Junior Assistant through internal
selection.
1) Qualification
for appointment of Junior Assistant through internal selection has been changed
from SSLC to Degree in impugned Order dt.24-05-2014.
2) The
Service Regulation / Conditions with
reg. to qualification was in practice for more than 50 years i.e. from
10-06-1967. Without giving mandatory notice under Sec.9A of the I.D. Act 1947,
the service Conditions have been changed adversely affecting the workers.
3) Since
the representations to the management has not been considered in a proper
perspective Our Union has raised an
Industrial Dispute before the Labour Commissioner on 24-02-2015. Notice issued
on 16-03-2015.
4) During
the pendency of conciliation proceedings the TNEB called for application to
fill up 144 vacancies of Junior Assistant / Administration in Letter dated
22-05-2015 and 755 vacancies of Junior Assistants / Accounts in letter dated
28-05-2015 through internal selection based on the Degree qualification revised
as per the impugned order dated 24-05-2014.
5) The impugned order has been issued
i) In exercise of the powers
conferred in Sec.79© of the Elecy.(Supply ) Act, 1948.
Read with
Sec.185 of the Elecy.Act 2003 and G.O.MS.No.100 Energy
(B2) dept.dated 19-10-2010.
6) Elecy.Supply
Act 1948 has been repealed by Sec.185 of the Elecy.Act 2003. Further anything
done or any action taken under Elecy.
(supply) Act, 1948 ( Repealed Act ) is deemed to have been taken under the
corresponding provisions of this Act. i.e. Elecy. Act 2003 only if it is not
inconsistent with the provisions of the new Act.
7) The
T.N.E.B. has been re-organised into
TANGEDCO,
TANTRANSCO and
TNEB Ltd.,
w.e.f.1-11-2010
as per G.O.MS.No.100 Energy (B2) dept. dated
19-10-2010.
8) Clause
6 of the above G.O provides for transfer of personnel
6(1) transfer of personnel shall be subject to
provisions in Sec.133 of the Elecy.Act.2003 and the Tripartite Agreement to be
signed among the G.O.TN. Transferee and Unions.
6(4) the Tripartite Agreement will set forth the
conditions mutually agreed upon to safe guard the interest of the personnel and
for smooth implementation of the policy of restructuring.
6(13) subject to the provisions of this Act and this
Scheme the Personnel shall be governed by the rules and regulations of the
Board existing on the date of transfer i.e.1 -11-2010.
9) The
Tripartite Agreement has not been made so far. Therefore the TNEB in its letter dated 05-11-2014 has
requested G.O.TN. to extend the provisional period for transfer of personnel
from erstwhile TNEB to successor entities up to 31-10-2015 ( Para 8 of Letter
dated
5-11-2014.)
10) The vacancies intended to
fill up were existing since 2013.
Since the Union has no other efficacious remedy
available, approached the Hon’ble High Court of Madras in W.P.No.19516/2015 and
obtained stay orders on 03-07-2015 for internal selection based on the impugned
order dated 24-05-2014.
Thus protected the interest of more than 1000 employees
working as Mazdoors, Helpers, Office Helpers etc., possessing only minimum
educational Qualification.
If the revised Qualification is given effect, the
employees would be deprived off their chances of selection to the entry level
post of Junior Assistant and further chances of promotion as Assistant Accounts
Supervisor and so on.
Bro. R. Chandrasekaran,
GENERAL SECRETARY
