Finalise employee transfer scheme as per Electricity Act: CAT to Chandigarh admn

Disposing of a petition filed by 40 employees against privatisation of the UT electricity department, the Central Administrative Tribunal (CAT) has directed the Chandigarh administration to finalise an employee transfer scheme in line with the Electricity Act.

The tribunal emphasised that the transfer scheme must comply with Sections 133 and 134 of the Electricity Act, ensuring that terms of transfer were not less favourable than those that would have applied had the transfer not occurred. It also stated that provisional employee transfers could take place before the final transfer.

The employees had argued that the draft scheme had not been finalised and needed further discussion with the private company taking over the department.

They had sought protection of their service conditions under Article 311 of the Constitution, arguing that their terms could not be altered without their consent. The 40 employees, through various petitions, requested the quashing of their transfer from the Chandigarh administration service to the private company. They sought reassignment to government posts based on their qualifications and experience instead of being forced into private employment, where they could be subjected to discrimination.

In its response, the Chandigarh administration pointed out that the privatisation decision had been upheld by both the Punjab and Haryana high court and the Supreme Court.

CAT, thus, instructed the administration to prepare a transfer scheme under Sections 133 and 134 of the Electricity Act soon, and until the final plan is prepared, the employees can be transferred temporarily.