Petition No. 223/2010 (Suo-motu). Case: In Re: Department of Power, Govt. of Nagaland Vs. Central Electricity Regulatory Commission
| Case Number | Petition No. 223/2010 (Suo-motu) |
| Judges | Pramod Deo, Chairperson, S. Jayaraman, V.S. Verma and M. Deena Dayalan, Members |
| Issue | Electricity Act |
| Judgement Date | May 30, 2011 |
| Court | Central Electricity Regulatory Commission |
Order:
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We had issued the following direction to the Respondent in our order dated 25.4.2011:
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As per information received from North-Eastern Regional Load Dispatch Center (NERLDC), the Respondent has made payment of ` 8.79 core during the month of January and ` 7 lakh during the Month of March 2011. However, after taking into account the accrual during the months of January, February and March, 2011, an amount of ` 12.26 core as on 1.4.2011 is still outstanding against Nagaland. The situation is unacceptable and needs urgent action on the part of department of Power, Government of Nagaland.
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We direct the Respondent to liquidate the entire UI dues by 30.4.2011. We also direct the Secretary to the Government of Nagaland in charge of Department of Power to personally ensure that the outstanding UI dues are liquidated by the above date.
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The Respondent in its reply dated 10.5.2011 has submitted that extraordinary effort has been made by the competent authorities to liquidate the outstanding UI dues. However, processing of the case through the various channels in the Government involves considerable time. The Respondent has prayed for time till 31.5.2011 as the last and final chance for liquidating the UI dues. It has been submitted that non-payment of UI dues by the Respondent was on account of circumstances beyond its control and was neither willful nor deliberate.
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The representative of the Respondent reiterated the above position during the hearing of the petition.
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We have considered the submission of the Respondent. The details of outstanding UI dues and the payment made by the Respondent after initiation of the suo-motu proceedings is as under:
(` in lakh)
Months
UI outstanding at the beginning of the months
Amount paid during the month
Amount outstanding at the end of the month
October 2010
1616.39
0.00
1616.39
November 2010
1683.205
803.999
879.206
December 2010
1201.946
40.395
1162.551
January 2010
1576.737
878.988
697.750
February 2011
917.440
0.00
917.440
March 2011
1233.521
7.856
1225.665
April 2011
1384.084
194.540
1189.545
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From the above, it is evident that as on 1.5.2011, the amount of outstanding UI dues against the Respondent stood at ` 11.89 core. It emerges that the Respondent has not complied with the directions of the Commission to liquidate the UI dues.
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In our order dated 25.4.2011, we had directed Secretary, Department of Power...
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