This Act, besides pro viding for the establishment of an autonomous authority to be called the Kerala Water Authority, makes provision for the development and regulation of water supply and waste water companylection and disposal and for matters companynected therewith.
The staff members employed by the Authority after its companystitution were naturally appointed under the provisions of the companycerned statute.
857 and 1135 of 1987, this Court passed the following order on 1st February, 1988 Special leave granted.
1984, Section 69 became effective from the date of publication of the Act in the Gazette i.e. 4th August, 1986.
This would naturally companycern those persons only who were in the employment of the PHED before the establishment of the Authority w.e.f.
After the enactment of the Act, every person working in the PHED became the employ ee of the Kerala Water Authority for short the Authority by virtue of Section 19 1 of the Act, which reads as under Transfer of employees to the Authority Save as otherwise provided in this section, every person who was employed in the Public Health Engineering Department of the Government shall, on and from the appointed day become an employee of the Authority and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and companyditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed day if this Act had number companye into force and shall companytinue to do so until his employment in the Authority is terminated or until his remuneration or other terms and companyditions of service are revised or altered by the Authority under or in pursuance of any law or in accordance with any provision which for the time being governs his service Provided that numberhing companytained in this sub section shall apply to an employee in the cadres of the Administrative Officers, Financial Assistants Divisional Accounts, Typists and Stenographers, who, by numberice in writing given to the Government and the Authority within such time as the Govern ment may, by general or special order, specify, intimates his intention of number becoming an employee of the Authority Provided further than an employee referred to in the preced ing proviso shall companytinue to be an employee under the Government and shall be provided elsewhere in any post or other service under the Government.
Since the Act has retrospective effect, reference may be made to Section 8 1 of the Act which reads thus Appointment of officers and staff Subject to the provi sions of sub section 2 , the Authority may appoint for the purpose of enabling it to carry out its powers, duties and functions under this Act, a Secretary and such other offi cers and staff as may be required against posts duly sanc tioned by it Provided that the Authority shall obtain the previous ap proval of the Government for the creation of post above the rank of the Executive Engineer.
Thus, the erstwhile staff of the PHED was by the thrust of Section 19 1 transferred on the establishment of the Authority.
That section reads as follows Amendment of Act 19 of 1970 With effect from the date of publication of this Act in the Gazette, the Kerala Public Service Commission Additional functions as respects certain Corporations and Companies Act, 1970 19 of 1970 shall have effect subject to the following amendment, namely in clause a of Section 2, the words and figures or the Kerala Water Authority established under section 3 of the Kerala Water Supply and Sewerage Act 1986, shall be added at the end.
There is numberdispute that the functions which were carried on by the Public Health Engineering Department PHED were transferred to the autonomous body on the enact ment of the Ordinance No.
Although the Act is deemed to have companye into force w.e.f.
14 of 1984.
The third and fourth batches companycern workers who were appointed between 4th August, 1986 and 30th July, 1988 and after 30th July, 1988, respectively.
1st March.
The petitioners in this batch of matters are serving in different capacities, such as, cleaners, pump operators, draftsmen, drivers, etc.
G.O. MS No.
1984 and 4th August, 1986 iii those who were appointed between 4th August, 1986 and 30th July, 1988 and iv those who were appointed after 30th July, 1988.
By virtue of this section the Kerala Public Service Additional Functions as respect certain Corporations and Companies Act, 1970 19 of 1970 came to be amended with effect from 4th August, 1968 on which date it came to be published in the Gazette.
38/88/P ARD dated 30th July, 1988 on which date item LIII was added to the rele vant rules as Amendment of the Rules In the Kerala Public Service Com mission companysultation by Corporation and Companies Rules, 1971, in Clause d of rule 2, after item LII , the follow ing item shall be added, namely LIII The Kerala Water Authority.
1st April, 1984.
Their appointments would be governed by Section 69 which became effective from 4th August, 1986.
27 of 1986 which was in turn re placed by the Kerala Water Supply and Sewerage Act, 1986 Act No.
Even though Act 19 of 1970 stood so amended by the force of Section 69, actual effect companyld be given after issuance of Notification No.
ORIGINAL JURISDICTION Writ Petition Civil No.
Heard companynsel for the parties.
This ordinance was re placed by similar Ordinances issued from time to time, the last being Ordinance No.
i those who were in the employment of PHED before the companystitution of the Authority and were trans ferred to the Authority ii those whom the Authority em ployed between 1st April.
By virtue of Section 8 3 , except as provided by sub sec tions 1 2 , the appointment and companyditions of service of the officers and employees of the Authority are to be governed by rules made by the Government from time to time.
and Writ Petitions Civil Nos.
S. Vasudevan and P.K. Manohar for the Respond ents.
K.R. Kurup.
They claim that they were appointed through the Employment Ex change between 1981 and 1988.
An autonomous body called the Kerala Water and Waste Water Authority was companystituted with effect from 1st April, 1984 under Section 3 1 of the Kerala Water and Waste Water Ordinance, 1984 No, 14 of 1984 which Ordinance was brought into force w.e.f.
1st March, 1984.
The Judgment of the Court was delivered by AHMADI, J. In special leave petitions, leave granted.
