Cox v Electricity Supply Board (No. 1) [Supreme Court.]

JurisdictionIreland
Judgment Date29 May 1943
Date29 May 1943
CourtSupreme Court
(H.C., S.C.),
Cox
and
Electricity Supply Board

- Person engaged in office or employment to which the Local Offices and Employments Order, 1924, applied - Whether removable from such office or employment without the prior assent of Minister for Local Government - Transfer of such person to the service of the Electricity Supply Board by virtue of s. 39, sub-s. 9 of the Electricity Supply Act, 1927 -Transfer upon "the same terms" as he had with his former employer - Whether "the same terms"include the restriction on the power to remove without prior assent of Minister - Poor Relief (Ir.) Act, 1838 (1 2 Vict., c. 56), ss. 3, 31, 33 -Municipal Corporations (Ir.) Act, 1840 (3 4 Vict., c. 148), s. 100 - Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), s. 15 -Local Offices and Employments Order, 1924 -Local Offices and Employments (Amendment) Order, 1929 - Local Offices and Employments (Amendment) Order, 1930 - Local Government (Temporary Provisions) (Amendment) Act, 1935 (No. 19 of 1935), s. 1 - Electricity Supply Act, 1927 (No. 27 of 1927), s. 39, sub-s. 9.

Or the 31st March, 1927, and for some time prior thereto, the plaintiff was a whole-time permanent officer in the service of the Dublin Corporation. On the 28th March, 1929, the defendants, the Electricity Supply Board, acquired the electrical undertaking of the Dublin Corporation and made a vesting order under s. 39, sub-s. 2 of the Electricity (Supply) Act, 1927, whereupon by virtue of sub-s. 9 of that section, the plaintiff was transferred to, and became a servant of, the Board "upon the same terms (including increment, pension and superannuation rights)" as he was on the 31st March, 1927, employed by the Dublin Corporation. By an order, made on the 19th September, 1933, the Board purported to remove the plaintiff from his office without obtaining the prior consent of the Minister for Local Government and Public Health. In the year 1941 the plaintiff sued the Board, claiming a declaration that the order made by the Board was ultra vires, void, and of no legal effect. He contended that it was a term of his former employment with the Dublin Corporation that he could not be removed from his employment without the prior consent of the Minister for Local Government and Public Health, and that on his transfer to the service of the Board "upon the same terms" under s. 39, sub-s. 9, the Board had no power to dismiss him without such consent. Held by Gavan Duffy J., (1) That...

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