2003 (2) TMI 535 - HC - Indian Laws

Summary

Issues:
1. Interpretation of government orders regarding rebate on power tariff for industries.
2. Applicability of new government order imposing a maximum ceiling limit on rebate.
3. Effect of adaptation of government order by the Board on existing benefits.
4. Dispute over the commencement date of the new government order on rebate.

Analysis:

1. The writ petition challenges the legality of the 1st respondent granting a 25% rebate on demand and energy charges with a maximum limit, contrary to previous orders. The petitioner argues that the new order imposing a ceiling limit was not in force when they started production, affecting their entitlement to the rebate.

2. The petitioner contends that the government's new order modifying the rebate scheme should not apply retroactively. They argue that their rights under the previous order, which had no ceiling limit, should be protected as they started production before the new order was adapted by the Board.

3. The court examines the sequence of events and the authority of the government and the Board in issuing and adapting orders related to power tariff rebates. It is established that the adaptation of the new order by the Board effectively implements the government's policy decision, making it applicable from the date of issuance.

4. Citing precedents, the court emphasizes that government policy decisions regarding rebates and concessions must be followed by all relevant entities without reservation. The court rejects the petitioner's argument that the new order should only apply from the date of adaptation, affirming that it takes effect from the date of issuance, even if production started earlier.

5. Ultimately, the court dismisses the writ petition, upholding the applicability of the new government order with a maximum ceiling limit on the rebate. The judgment highlights the importance of adhering to government policy decisions and implementing them without delay, ensuring consistency and fairness in the application of rebate schemes for industries.