Tamilnadu Electricity Board, Vs Government of Tamilnadu

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WP No. 3663 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-07-2026

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CORAM

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THE HON'BLE MR.JUSTICE K. SURENDER

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WP No. 3663 of 2024 AND WMP NO. 3947 OF 2024,WMP NO. 3948 OF 2024

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Tamilnadu Electricity Board, Employees Federation, Reg.No. 3600/cni, Rep. By Its General Secretary, 44/16th West Cross Street, Mahakavi Bharathi Nagar, Viyasarbadi, Chennai - 600 039.

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..Petitioner(s)

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Vs

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Government Of Tamilnadu, Rep. By Its Principal Secretary, Energy(b2) Department, Fort St. George, Chennai - 600009.

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Tamil Nadu Electricity Board Limited, Rep. By Its Chairman Cum Managing Director, 144, Anna Salai, Chennai - 600002.

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Tamil Nadu Generation And Distribution Corporation Rep. By Its Chairman Cum Managing Director, 144, Anna Salai, Chennai -600002.

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Tamil Nadu Transmission Corporation Limited, Rep By Its Chairman Cum Managing Director, 144, Anna Salai, Chennai -600002.

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The Chief Engineer Personal Tamil Nadu Generation And Distribution Corporation Limited, 144, Anna Salai, Chennai-02.

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The Commissioner Of Labour Teynampet, Chennai-6.

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The Deputy Commissioner Of Labour (hq)- Conciliation

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__________ Page1 of 7

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https://www.mhc.tn.gov.in/judis

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WP No. 3663 of 2024

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5th Floor, The Office Of The Commissioner Of Labour, Teynampet, Chennai- 6

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Tamil Nadu Electricity Board Finance And Accounts Officers Association, Rep By Its General Secretary, No.144, Anna Salai, Chennai- 002.

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Bharathiya Electricity Employees Federation Rep By Its General Secretary, No.144, Anna Salai, Chennai- 002.

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10.Tamil Nadu Electricity Board Card Billing Staff Union Rep By Its General Secretary, No.144, Anna Salai, Chennai- 600 002.

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11.Tamil Nadu Electricity Board Engineers Union Rep By Its General Secretary, No.144, Anna Salai, Chennai- 002.

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..Respondent(s)

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Prayer: Writ Petition filed under Article 226 of Constitution of India seeking Writ of Certiorarified Mandamus to call for the records pertaining to the orders dated 31.10.2023, 03.02.2024 and 08.02.2024 issued by the 1st and 3rd Respondents in Letter (Ms) No.96 / 2023, in Letter No.11989 / A16/ A161 / 2021- 13 and in Letter No. 11989 / A16/A161/ 2021- 16, quash the same and consequently direct the respondents 1 to 5 not to convert the Draft Agreement which was enclosed along with the order dated 03.02.2024 either into a settlement Under Section 18 (1) of under Section 12 (3) read with Section 18 (3) or in any manner without giving sufficient time to submit the views and objections and without holding talks with petitioner union and other recognized unions and association and without arriving at a consensus and without concrete assurance and guarantee from the 1st Respondent and by protecting the existing service conditions and benefits including pension and other terminal benefits of

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WP No. 3663 of 2024

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the existing and retired employees, award costs.

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For Petitioner(s): Mr.S.Makesh For Respondent(s): Mr.R.Chakkaravarthy for R1 , R6 And R7 Mr.Nikkilesh Athav for M/s. K. Rajkumar for R2 To R5 R8 To R10 - NA M/s. D.Nagasaila for R11

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ORDER

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This Writ Petition has been filed challenging the orders dated 31.10.2023,

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03.02.2024, and 08.02.2024 passed by the 1st and 3rd Respondents. The Petitioner also seeks a direction to prevent the conversion of the Draft Agreement into a final settlement without consulting the unions and protecting existing service and pension benefits.

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Heard both sides and perused the records.

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Both the learned counsel appearing on either side agrees that the issue

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in this case is identical to the one already decided by this Court in

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W.P.Nos.25093 of 2010 and 3365 of 2024 . The relevant portion of that order is extracted hereunder:

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“ 6. On a perusal of the above specific terms provided in the tripartite agreement, this Court is able to visualise that the trifurcation of the Electricity Board has been mooted only for the re-organization of the Board by establishing a holding company,

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WP No. 3663 of 2024

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and two subsidiary companies for the smooth administration of the Board and therefore, the apprehension expressed by the petitioner association that their service conditions may be affected is not well founded, as the Tripartite agreement itself has provided various clauses dispelling the apprehensions of the members of the association and in case of any dispute, a dispute resolution mechanism also has been provided. Hence, this Court is of the view that the petitioner association’s challenge to the Government Order and the subsequent letter cannot be sustained. However, in order to redress the grievance expressed by the petitioner, the respondents Board shall give one more opportunity to the petitioner association to voice their grievances and doubts and clear off their apprehensions with respect to the tripartite agreement, thereby, the intention of the Government behind the trifurcation of the Board and the benefits that accrue to the petitioner association shall be well explained to them and a consensus could be achieved.

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7. With the above direction, these writ petitions are disposed of. However, the payment of pension and other service benefits to the petitioner association will be permitted, if any of the entities failed to implement the tripartite agreement….”

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4. Since this case is squarely covered by the earlier order, this Writ

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Petition is disposed of on the same terms with the following directions:

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i) Respondents must give the Petitioner Union time to submit their views on the Draft Agreement.

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ii) Respondents must hold talks with the Petitioner Union to clear doubts and reach a consensus.

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iii) The existing service conditions, pensions, and terminal benefits of employees must be fully protected.

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WP No. 3663 of 2024

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Accordingly, the Writ Petition is disposed of. However, the payment of

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pension and other service benefits to the petitioner association will be permitted, if any of the entities failed to implement the tripartite agreement. No costs. Connected Miscellaneous Petitions are closed.

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K.SURENDER J.

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01-07-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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JAI

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To

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