M/s. Kewal Trading Company and others vs State of Punjab and others

Prayer made in this writ petition is for quashing of the instructions/ circulars, Annexures PI and P2, issued by the Punjab State Electricity Board (hereinafter referred to as ''the Board''), in exercise of its powers u/s 79 of the Electricity (Supply) Act, 1948, requiring the petitioners and such other like industries to construct a new room at the entrance of the factory premises for installation of the meter/metering equipment so that it is easily accessible for recording of reading, testing of meters and checking of connections.

Instructions/circulars, Annexures PI and P2, have been challenged primarily on the. grounds that the meters in the factory premises of the petitioners'' mills are already'' functioning smoothly for the last number of. years and the seals fixed by the Board are checked from time to time by the field staff; that no additional burden could be put on the'' petitioners for constructing the said rooms which may cost at least Rs. 50,000/- to. Rs.60,000/- each; that the instructions/cir-culars, Annexures PI and P2, would cause inconvenience to the petitioners as they shall have to keep Chowkidars to guard the room outside the factory premises and that the meters in the room outside the factory premises can be damaged by disgruntled workers or labour union members.

Notice of motion was issued, in response to which reply has been filed.

The case of the respondents is that the instructions, Annexures PI and P2, have been issued in accordance with law and the petitioners/consumers were given sufficient time to comply with these instructions well in advance. It has been admitted that the meters have been installed in the premises of the Mills which are already functioning and furlher that periodical checking is also done by the field staff. It has been denied that the functioning of the meters is smooth. Numerous complaints of theft of electricity were received and there were also complaints regarding slow functioning of the meters and hundreds of such disputes between the con-sumers and the Board were pending at various levels i.e. Arbitration and Civil Court; that there were instances where entry of the checking/field staff was delayed as the gates of the Mills were not opened for quite sometime and this period was utilized by the owners of the Mills who were indulging in the theft of the electricity to set right the meters. Delay in opening of doors was utilized for correcting the mischief by the Mill owners indulging in theft of energy. In this way the whole purpose of the visit of the checking staff was frustrated by the consumers. In order to avoid all this, the Board has rightly issued the instructions/circulars asking the Mill owners to construct a room just outside the factory premises and install the meters there; that the Mill owners were only to construct the room and the rest of the expenditure was to be met by the Board; that the Executive Engineer, Flying Squad of the Board visited the premises of each and every petitioners in the month of May, 1995 and after inspection of the premises, earmarked suitable space for construction of the rooms for installation of the meter equipment in the presence of the representatives of the petitioner-Mills.

After hearing the counsel for the parties, we are satisfied Ihat the instruc- tions/circulars, Annexures PI and P2, have been issued in accordance with law. In fact, there is no challenge to the competence of the Board to issue such instructions. The Board has issued the instructions/circulars, Annexures PI and P2, in exercise of its power u/s 79 of the Electricity (Supply) Act, 1948. The factory owners have to construct small rooms for installation of the meters which, according to us, would not involve the expenditure of Rs. 50,000/- to Rs. 60,000/- each as suggested by the petitioners. Appointment of a separate Chowki-dar may not be necessary to safeguard the room outside the factory because the room would have an entry from inside the factory premises as well. ''Apprehension of the petitioners regarding breaking of the seals by the union leaders is not based on facts. Rather the same are just apprehensions based on conjectures and surmises. Instructions/Circulars, Annexures PI and P2, have been issued to minimise the theft of electricity, recording of reading, testing of meters and checking of connections which would ultimately be for the benefit of the petitioner-Mill owners as well.

There is no merit in this writ petition which is dismissed with no order as to costs. Petitioners may now construct the rooms within one month. On completion of the rooms, electricity connections be released to the petitioners.

Petition dismissed.