Explore the nuanced legal analysis conducted by the court in a recent case involving employee allocation. The court’s meticulous examination of the allocation process, adherence to directives, and resolution of deliberate disobedience sheds light on the complexities of legal proceedings. Stay tuned to unravel the court’s decisions and their impact within the case. #LegalAnalysis #OneManCommittee
Facts
- Andhra Pradesh identified 10 employees shown over the allocated 655 employees, contradicting the One Man Committee’s reports.
- TS Power Utilities identified 123 employees to be removed from the allocated list of 655 employees from Telangana to Andhra Pradesh.
- The total excess employees relieved from Andhra Pradesh to Telangana State are 83 (615-532=83).
- 71 employees were allocated from Andhra Pradesh to Telangana State on spouse and medical grounds.
- Andhra Pradesh failed to undertake the necessary exercise leading to the retention of 83 allocable employees from Andhra Pradesh to Telangana State.
- The One Man Committee directed Andhra Pradesh to identify and allocate remaining 584 employees (655-71) from Andhra Pradesh to Telangana State.
- An allocation list submitted by Andhra Pradesh utilities was approved.
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Arguments
- Various petitioners, erstwhile employees of Andhra Pradesh Power Utilities, allege deliberate disobedience of a court order by TS Power Utilities.
- TS Power Utilities, specifically TS Genco, TS Transco, TSSPDCL, and TSNPDCL, are accused of dropping petitioners despite allocation lists approved by the court.
- Petitioners argue that they were part of the final allocation lists and had not reached the age of 58 in 2020, exempting them from exclusion as per court directions.
- TS Power Utilities are alleged to have manipulated office orders, dropped petitioners, and failed to absorb them as directed by the court.
- The petitioners’ inclusion in the final lists prepared by the One Man Committee is emphasized, highlighting the wrongful exclusion by TS Power Utilities.
- The issued office orders are said to be willful acts of disobedience against the court’s orders, aiming to circumvent the allocation lists and confuse the tally.
- TS Power Utilities reopened the allocation lists and engaged in unilateral pick and choose, contrary to the orders of the court.
- Financial neutrality was agreed upon, and retired/retiring employees were excluded from the allocation exercise.
- The objections raised by TS Power Utilities regarding excess allocation and reciprocity were rejected by the court, affirming the final list appended to the Concluding Report.
- Telangana Power Utilities unilaterally altered the allocation lists, leading to denial of posting and joining orders of 84 petitioners as directed by the One Man Committee.
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Analysis
- The One-Man Committee considered all materials and objections from both sides, including representations of employees and employee organizations.
- The allocation process was initiated with the Final Report dated 26.12.2019, supplemented by a Supplementary Report and a Concluding Report.
- Directions were given in the Concluding Report for equitable allocation and consideration of special cases like spouse and medical situations.
- The One-Man Committee approved a revised list of 655 employees from Andhra Pradesh to Telangana, ensuring reciprocity.
- Employees who attained or will attain 58 years of age in 2020 were to be excluded from the allocation process.
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Decision
- Telangana State Power Utilities are found guilty of willful disobedience of the court’s order dated 7.12.2020.
- The petitioners have been relieved by Andhra Pradesh Power Utilities and are not allowed to join Telangana Power Utilities, affecting their future and leaving them without salary.
- The Telangana Power Utilities are given a final opportunity to comply with the court’s directions to absorb the petitioners and provide salary and benefits.
- The Telangana Power Utilities are directed to absorb the petitioners within two weeks and provide salary and benefits from the date of relief by Andhra Pradesh Power Utilities.
- The subsequent office orders issued by Telangana Power Utilities are deemed contrary to the court’s directions and considered willful disobedience.
- Telangana State Power Utilities are not allowed to raise the same objections repeatedly, as they have already been dismissed by the court.
Case Title: Y. SAI SATYA PRASAD Vs. D. PRABHAKARA RAO (2022 INSC 1065)
Case Number: CONMT.PET.(C) No.-000753 / 2022
