The Central Administrative Tribunal (CAT) has ruled on a petition filed by 40 employees opposing the privatisation of Chandigarh’s electricity department. The Tribunal instructed the administration to finalise an employee transfer scheme in accordance with the Electricity Act. This will ensure fair service conditions for workers shifting to the private sector.
The tribunal also allowed for temporary transfers before the final scheme is in place.
As per the directive, the transfer plan must align with Sections 133 and 134 of the Electricity Act. These provisions require that the new terms for employees should not be less favourable than what they would have received under government employment.
The employees had raised concerns about the lack of a transfer framework and demanded discussions with the private company taking over the department. They argued that their service conditions were protected under Article 311 of the Constitution and could not be changed without consent.
The petitioners sought either retention in government roles or reassignment based on their qualifications, fearing potential discrimination in private employment.
The Chandigarh administration defended the privatisation move, pointing out that both the Punjab and Haryana High Court and the Supreme Court had upheld the decision. With the tribunal’s latest ruling, the administration must now draft the transfer scheme promptly, ensuring employee protections while proceeding with privatisation. Until the scheme is finalised, provisional transfers may take place.
