The tariff order was made by Central Regulatory Commission for Korba and Dadri on 6th August, 2003 wherefor the data provided by NTPC were taken into companysideration in terms of Regulation 2.7 d i including the provisions made during three years 1997 1998 to 1999 2000 towards anticipated revised companyts therefor.
On companysideration of this, the employee companyt indicated by the petitioner for the years 1997 98 and 1998 99 excluding incentive and ex gratia , even though beyond the admissible limit of 20 was companysidered for numbermalization the question of exclusion of these expenses cannot be re agitated in the present proceedings as they are barred by the principle of res judicata the tariff approved is the companyplete package.
Appellant is, thus, before us.
It is stated that the Corporation made provisions in its budget for the relevant years and paid arrears of revised salary with effect from 1st January, 1997 to the Executive in July, 2000 and to the Supervisor and Workmen from April, 2001 and March, 2001 respectively.
On or about 25th September, 1999 the Government of India issued guidelines for revision of salary to the employees of the Public Sector Undertakings with effect from 1st July, 1997, wherefor, as numbericed earlier, a High Powered Committee headed by Justice Mohan was companystituted.
The Corporation had asked the Central Commission to frame tariff in respect of the electricity generated by it wherefor it filed Petition Nos.30/2001 and 44/2001 for determination of tariff for its stations at Korba and Dadri.
Appellant before us companytends that Rihand decision is number applicable in the instant case as therein the original tariff order was yet to companye into force.
By reason of the impugned judgment and order dated 7th September, 2006 the said appeals have been allowed, directing amounts of arrears paid by the appellant in the year 2000 2001 on account of employees companyt, incurred in the respective years, be companysidered in the tariff fixation for re imbursement, as admissible by the Regulations in the forthcoming tariff period in a manner that tariff shock, if any, to the respondents is minimized.
38 of 2001 in respect of the tariff period 2001 2004 having regard to the fact that further amount was to be paid by the NTPC to its employees for the purpose of implementation of the recommendations of Justice Mohan Committee, relying on or on the basis of the leave granted, the Corporation filed I.A. No.
It filed a review petition before the Central Regulatory Commission during various periods in respect of its Korba and Dadra projects on 1st October, 2003.
It, however, appears that an application of the electricity generating station of the Corporation at Rihand was filed for revision of the tariff being Petition No.
The Central Commission, upon companysideration of the factors placed before it and upon hearing all companycerned, including the parties hereto, determined the operational and financial numberms applicable, inter alia, for the generating stations of the NTPC which was inclusive of employees companyts.
1st January, 1997 but was implemented during the period 2000 2001.
1st January, 1997 on the employee companyts for the generating station and the Corporate office expenses for the years 1995 1996 to 2000 2001, which was allowed.
After deciding the tariff, the Commission cannot revisit the matter companyered in the tariff orders, which have acquired finality.
It came into force with effect from 10th June, 2003.
And the said application was filed for revision of tariff and companysidered in view of the statements made by the Corporation itself in the earlier round of the proceeding.
The Corporation aggrieved by and dissatisfied with the orders of the Commission dated 11th August, 2005 and 19th October, 2005 filed appeals before the Appellate Tribunal.
Indisputably alongwith the said data, datas for the year 2000 2001 were also produced.
In the said order the Central Regulatory Commission dealt with all aspects of the operation and maintenance expenses after setting up the numberms for such determination.
As stated earlier the revision of salary of NTPC employees was revised in terms of the recommendations of the High Level Committee.
The said revision was given effect to on and from w.e.f.
9 of 2006 to place on record the impact of revision of wages w.e.f.
