JACOB M PUTHUPARAMBIL JACOB M PUTHUPARAMBIL P MOHANAN SASIDHARAN C P C A JOSE MARY C L NAZAR K M P V SASIKUMAR PARASSALA SIVANANDAN M S SREEKUMAR Vs. KERALA WATER AUTHORITY:KERALA WATER AUTHORITY:KERALA WATER AUTHORITY:STATE OF KERALA:STATE OF KERALA:STATE OF KERALA:KERALA WATER AUTHORITY:KERALA WATER AUTHORITY:KER
LAWS(SC)-1990-9-32
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on September 19,1990

JACOB M.PUTHUPARAMBIL,P.MOHANAN,SASIDHARAN C.P.,C.A.JOSE,MARY C.L.,NAZAR K.M.,P.V.SASIKUMAR,PARASSALA SIVANANDAN,M.S.SREEKUMAR,P.B.PRASADCHANDRAN,C.V.BALAKRISHNAN,ABDUL BURIYAIN,A.G.DASANKUNJU,E.PRADEEP,K.C.RAJEEVAN AND Appellant
VERSUS
STATE OF KERALA,KERALA WATER AUTHORITY Respondents





Cited Judgements :-

MIRA ROY VS. STATE OF TRIPURA [LAWS(GAU)-2000-8-25] [REFERRED TO]
SMTI SUBHRAJA DUTTA AND ANOTHER VS. STATE OF ASSAM AND OTHERS [LAWS(GAU)-1992-2-19] [REFERRED TO]
ARUN BHANDARI VS. BANUO JAMIR [LAWS(GAU)-1995-2-20] [REFERRED TO]
STATE BANK OF INDIA VS. M RAJAIAH [LAWS(APH)-1998-5-8] [REFERRED TO]
O N G C MAZDOOR UNION VS. OIL AND NATURAL GAS COMMISSION [LAWS(CAL)-2000-5-9] [REFERRED TO]
MANAGEMENT OF C.P.W.D VS. RAM SINGH [LAWS(DLH)-2012-9-331] [REFERRED TO]
MANOJ KUMAR VS. PRINCIPAL INDUSTRIAL TRAINING INSTITUTE [LAWS(ALL)-2004-5-78] [REFERRED TO]
AAQIL JAMIL AND 2 OTHERS VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2017-4-70] [REFERRED TO]
LAL SAHAB MISHRA VS. STATE OF U.P. [LAWS(ALL)-2019-8-257] [REFERRED TO]
BAL KRISHNA CHOUBEY VS. UNION OF INDIA [LAWS(ALL)-2014-10-112] [REFERRED TO]
CLASS IVTH EMPLOYEES ASSOCIATION VS. STATE OF U P [LAWS(ALL)-1993-3-47] [REFERRED TO]
MINISTERIAL KARMACHARI SANGH, LUCKNOW VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-1993-4-109] [REFERRED TO]
ASHARFI LAL SHAMI VS. U P STATE ROAD TRANSPORT CORPN [LAWS(ALL)-1991-3-12] [REFERRED TO]
AMMINI AMMA VS. KERALA WATER AUTHORITY [LAWS(KER)-1996-8-40] [REFERRED TO]
AJITH VS. STATE OF KERALA [LAWS(KER)-2005-2-58] [REFERRED TO]
RUKHIBEN RUPABHAI VS. UNION OF INDIA [LAWS(GJH)-2005-5-36] [REFERRED TO]
THOMAS MASIH VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2004-4-32] [REFERRED TO]
M SARAVANAKUMAR VS. SECRETARY TO GOVT EDUCATION DEPARTMENT [LAWS(MAD)-2005-7-96] [REFERRED TO]
INDIAN AIRLINES CANTEEN WORKERS UNION VS. DIRECTOR PERSONNEL INDIAN AIRLINES [LAWS(MAD)-2000-4-32] [REFERRED TO]
ASSERVADHAM VS. GENERAL MANAGER INDIAN AIRLINES LIMITED [LAWS(MAD)-2002-12-139] [REFERRED TO]
STATE OF KARNATAKA VS. H GANESH RAO [LAWS(KAR)-2001-6-50] [REFERRED TO]
KARSHANBHAI N GOHEL VS. STATE OF GUJARAT [LAWS(GJH)-2013-1-224] [REFERRED TO]
DIRECTOR INSTITUTE OF MANAGEMENT DEVELOPMENT U P VS. PUSHPA SRIVASTAVA [LAWS(SC)-1992-8-34] [DISTINGUISHED]
M.LOGANATHAN VS. PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-8-1002] [REFERRED TO]
K. SURESH AND OTHERS VS. GOVERNMENT OF TAMIL NADU AND OTHERS [LAWS(MAD)-2018-6-1143] [REFERRED TO]
THAMBUSAMY VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-3-588] [REFERRED TO]
A.RUBAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-2-272] [REFERRED TO]
R.ELLAPPAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-2-318] [REFERRED TO]
SASIKALA VS. C.S.VIJAYAKUMARI [LAWS(KER)-2019-11-145] [REFERRED TO]
RADHESHYAM VS. MUNICIPAL CORPORATION, GWALIOR [LAWS(MPH)-1994-8-86] [REFERRED TO]
BRAJA SUNDAR PATTNAIK VS. PRESIDING OFFICER, LABOUR COURT [LAWS(ORI)-2009-8-53] [REFERRED TO]
VIKASH ADHIKARI PANCHAYAT SAMITI RAISINGHNAGAR DISTT SRIGANGANAGAR VS. HARI RAM [LAWS(RAJ)-1994-4-10] [REFERRED TO]
THOMAS CHANDY VS. RAJASTHAN FINANCIAL CORPORATION [LAWS(RAJ)-1998-4-53] [REFERRED TO]
CHATTAR SINGH VS. INDIAN GANDHI NATIONAL OPEN UNIVERSITY [LAWS(DLH)-2001-12-63] [REFERRED]
RAJIVE RATURI VS. UNION OF INDIA [LAWS(SC)-2017-12-81] [REFERRED TO]
UION OF INDIA VS. CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(PAT)-2005-9-92] [REFERRED TO]
S.RAVISHANKAR VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-2-347] [REFERRED TO]
R.SENTHILKUMAR VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-8-238] [REFERRED TO]
S DHARMARAJ VS. PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT [LAWS(MAD)-2018-4-818] [REFERRED TO]
P. DEIVENDRAN AND OTHERS VS. TAMILNADU ELECTRICITY BOARD AND OTHERS [LAWS(MAD)-2018-1-1079] [REFERRED TO]
A. GURUVAMMAL VS. THE COMMISSIONER OF FISHERIES [LAWS(MAD)-2018-2-371] [REFERRED TO]
P. SHANTHI VS. GOVERNMENT OF TAMIL NADU AND OTHERS [LAWS(MAD)-2018-6-1028] [REFERRED TO]
E MARI VS. GOVERNMENT OF TAMIL NADU, REP BY ITS PRINCIPAL SECRETARY [LAWS(MAD)-2018-7-113] [REFERRED TO]
T.R. RAMANATHAN VS. TAMIL NADU STATE MENTAL HEALTH AUTHORITY [LAWS(MAD)-2022-5-43] [REFERRED TO]
HARMEET KAUR VS. STATE OF PUNJAB [LAWS(P&H)-1996-8-265] [REFERRED]
RAJANI P. KUTTAN VS. STATE OF KERALA [LAWS(KER)-2021-9-235] [REFERRED TO]
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT VS. UNNIKRISHNA PILLAI J. [LAWS(KER)-2022-7-73] [REFERRED TO]
BHAWANI SINGH VS. STATE [LAWS(RAJ)-2002-7-46] [REFERRED TO]
NATHUNI RAM PHUDENI RAM VS. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY [LAWS(PAT)-2014-3-40] [REFERRED TO]
RAMESH CHAND VS. UNION OF INDIA [LAWS(DLH)-1999-9-17] [REFERRED TO]
A SANTHALAKSHMI VS. TAMIL NADU PUBLIC SERVICE COMMISSION [LAWS(MAD)-2001-2-154] [REFERRED TO]
C R MUGUNDAN VS. DIRECTOR GENERAL MEMBER SECRETARY INDIAN [LAWS(MAD)-1996-1-36] [REFERRED TO]
G S SHIVAPRAKASH VS. CENTRAL SILK BOARD BANGALORE [LAWS(KAR)-1998-8-21] [REFERRED TO]
M. MAHALINGAM VS. ENGINEER IN CHIEF, WATER RESOURCES DEPARTMENT, PUBLIC WORKS DEPARTMENT, CHENNAI [LAWS(MAD)-2017-12-399] [REFERRED TO]
C. LATHA VS. STATE [LAWS(KER)-1993-8-62] [REFERRED TO]
NARINDER MOHAN VS. STATE [LAWS(J&K)-1993-5-9] [REFERRED TO]
J A CHAUHAN VS. STATE OF GUJARAT [LAWS(GJH)-2007-4-25] [REFERRED TO]
DEPUTY CHIEF MECHANICAL ENGINEER VS. ZONAL PRESIDENT UTTAR RAILWAY KARAMCHARI [LAWS(ALL)-1992-9-85] [REFERRED]
SUBEDAR SINGH AND OTS VS. DISTT JUDGE MIRZAPUR [LAWS(ALL)-1997-2-16] [REFERRED TO]
AJOY KUMAR THAPA VS. THE CHAIRMAN, MEGHALAYA STATE ELECTRICITY BOARD & [LAWS(GAU)-1991-11-17] [REFERRED TO]
PRITISH RANJAN ROY VS. STATE OF TRIPURA [LAWS(GAU)-2005-2-16] [REFERRED TO]
PRABHAKAR JOSHI VS. KENDRIYA VIDYALAYA SANGATHAN [LAWS(APH)-1997-8-93] [FOLLOWED ON]
M RAJAIAH VS. STATE BANK OF INDIA [LAWS(APH)-1998-1-24] [REFERRED TO]
CHANDAN KUMAR BHATTACHARJEE VS. STATE [LAWS(CAL)-1993-6-33] [REFERRED TO]
SHIB SHANKAR CHAKRAVORTY VS. STATE OF WEST BENGAL [LAWS(CAL)-1993-7-40] [REFERRED TO]
ASHOKE KUMAR BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-1993-9-15] [REFERRED TO]
SWAPAN KUMAR GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2003-8-35] [REFERRED TO]
GUJARAT MAZDOOR SABHA & 1 VS. VALSAD NAGAR PALIKA & 3 [LAWS(GJH)-2018-11-67] [REFERRED TO]
Lal Bahadur Singh VS. State of Bihar [LAWS(PAT)-1995-6-8] [REFERRED TO]
V.THAMILVENDAN VS. EXECUTIVE ENGINEER [LAWS(MAD)-2019-11-980] [REFERRED TO]
G. SRINEVASAN AND OTHERS VS. DIVISIONAL ENGINEER [LAWS(MAD)-2018-9-775] [REFERRED TO]
C.ANNAMALAI VS. DISTRICT COLLECTOR VILLUPURAM DISTRICT [LAWS(MAD)-2019-3-554] [REFERRED TO]
G.SEERALAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-8-243] [REFERRED TO]
M.SANKAR VS. CHAIRMAN [LAWS(MAD)-2019-9-94] [REFERRED TO]
OM PRAKASH MEGHWAL AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-1991-3-45] [REFERRED TO]
NYAS EMPLOYEES UNION JODHPUR VS. STATE OF RAJASTHAN [LAWS(RAJ)-1993-1-41] [REFERRED TO SC .]
R KARTHIKEYAN VS. PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT [LAWS(MAD)-2018-4-44] [REFERRED TO]
KERALA WATER AUTHORITY VS. P T CHACKO [LAWS(KER)-2007-9-5] [REFERRED TO]
SANGITA SRIVASTAVA VS. UNIVERSITY OF ALLAHABAD [LAWS(ALL)-2002-5-89] [REFERRED TO]
SIMA DUTTA VS. COAL INDIA LTD. AND OTHERS [LAWS(CAL)-2001-12-56] [REFERRED TO]
WEST BENGAL STATE ELECTRICITY BOARD VS. AMIYA KUMAR BANDOPADHYAY & ORS. [LAWS(CAL)-1995-5-45] [REFERRED TO]
L PARTHASARATHI VS. UNIVERSITY OF HYDERABAD [LAWS(APH)-2000-7-80] [REFERRED TO]
THANKARAJ VS. KERALA WATER AUTHORITY [LAWS(KER)-1999-10-21] [REFERRED TO]
MADHAB BURAGOHAIN VS. STATE OF ASSAM [LAWS(GAU)-2006-6-41] [REFERRED TO]
YARUINGAM VS. STATE OF MANIPUR [LAWS(GAU)-2000-11-15] [REFERRED TO]
BIPIN BIHARI SRIVASTAVA VS. DISTRICT JUDGE BASTI [LAWS(ALL)-1992-9-25] [REFERRED TO]
V MULLAI VASUKI VS. SYNDICATE BANK [LAWS(MAD)-2011-10-153] [REFERRED TO]
EXECUTIVE ENGINEER, TWAD BOARD, MAINTENANCE DIVISION VS. INSPECTOR OF LABOURS, MADURAI [LAWS(MAD)-2020-11-71] [REFERRED TO]
V.KARUPPASAMY VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-6-315] [REFERRED TO]
P.VENKATACHALAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-6-316] [REFERRED TO]
K. SELVADURAI AND OTHERS VS. UNION OF INDIA AND ANOTHER [LAWS(MAD)-2018-2-1199] [REFERRED TO]
OFFICIAL LIQUIDATOR VS. DAYANAND [LAWS(SC)-2008-11-120] [REFERRED TO]
PRINCIPAL MEHAR CHAND POLYTECHNIC VS. ANU LAMBA [LAWS(SC)-2006-8-105] [REFERRED TO]
SOUTH MALABAR GRAMIN BANK VS. CO ORDINATE COMMITTEE OF SOUTH MALABAR GRAMIN BANK EMPLOYEES UNION AND SOUTH MALABAR GRAMIN BANK OFFICER FEDERATION [LAWS(SC)-2001-1-141] [REFERRED]
SARADA PANCHAYAT SAMITI III GR TEACHERS ASSOCIATION VS. STATE OF RAJASTHAN AND ANR [LAWS(RAJ)-1991-11-60] [REFERRED]
PRATAP KUMAR MOHANTY VS. VICE CHANCELLOR, UTKAL UNIVERSITY [LAWS(ORI)-2005-10-34] [REFERRED TO]
ORISSA STATE HANDLOOM DEVELOPMENT EMPLOYEES UNION AND ANR. VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2002-9-61] [REFERRED TO]
NARANG LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1999-3-46] [REFERRED TO]
C K SHIVE GOWDA VS. KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY [LAWS(KAR)-1997-7-11] [REFERRED TO]
BIHAR STATE ADULT AND NON FORMAL EDUCATION EMPLOYEES ASSOCIATION VS. STATE OF BIHAR [LAWS(PAT)-1996-5-57] [REFERRED TO]
P AGASTHIAN VS. DIRECTOR (HUMAN RESOURCE) OIL AND NATURAL GAS CORPORATION LIMITED [LAWS(MAD)-2017-10-312] [REFERRED TO]
REJI JOSEPH VS. K S E B [LAWS(KER)-1992-10-27] [REFERRED TO]
RAJAN VS. KERALA STATE ELECTRICITY BOARD [LAWS(KER)-1991-11-2] [REFERRED TO]
PUBLIC WORKS ENGINEERS ASSOCIATION VS. P.T. PHILIPOSE [LAWS(KER)-1997-8-49] [REFERRED TO]
VICE CHANCELLOR MOHAN LAL SUKHADIA UNIVERSITY VS. YAMUNA SHANKER SHARMA [LAWS(RAJ)-2003-9-23] [REFERRED TO]
MUKHTAR UL AZIZ VS. STATE OF J and K [LAWS(J&K)-2004-6-2] [REFERRED TO]
TRILOKI NATH DWIVEDI GAJADHAR PRASAD DWIVEDI VS. DISTRICT JUDGE [LAWS(ALL)-2004-4-10] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. PANIPAT JALANDHAR NH-1 TOLLWAY PVT. LTD. [LAWS(DLH)-2021-11-226] [REFERRED TO]
R GOVINDA RAO VS. DIRECTOR NATIONAL INSTITUTE OF TECHNOLOGY REGIONAL ENGINEERING COLLEGE WARANGAL [LAWS(APH)-2005-12-14] [REFERRED TO]
CHETANKUMAR SURESHBHAI PATEL VS. OIL AND NATURAL GAS CORPORATION LIMITED [LAWS(GJH)-2016-6-201] [REFERRED TO]
GOPAL SINGH KHATI VS. REGIONAL FOOD CONTROLLER, MEERUT [LAWS(ALL)-2012-4-197] [REFERRED TO]
KESHAV DEO PANDEY VS. CHAIRMAN AND MANAGING DIRECTOR [LAWS(ALL)-2012-11-41] [REFERRED TO]
SITA RAM VS. EXECUTIVE ENGINEER IRRIGATION [LAWS(ALL)-1999-7-68] [REFERRED TO]
SMTI. CHITRA PAUL AND ORS. VS. THE STATE OF TRIPURA AND 3 ORS. [LAWS(GAU)-1993-9-18] [REFERRED TO]
ZAKIR HUSSAIN VS. ENGINEER-IN-CHIEF IRRIGATION DEPT [LAWS(ALL)-1992-11-88] [REFERRED TO]
JOGESH CHANDRA SARKAR VS. STATE OF WEST BENGAL & OTHERS [LAWS(CAL)-2003-12-76] [REFERRED TO]
ALOKE KUMAR GHOSAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2000-1-29] [REFERRED TO]
PUSPA SINGH VS. STATE OF WEST BENGAL [LAWS(CAL)-1998-11-21] [REFERRED TO]
MANAS KUMAR BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-1992-5-31] [REFERRED TO]
SECY A P R E INSTITUTIONS SOCIETY VS. M THIMMAIAH [LAWS(APH)-2001-8-145] [REFERRED TO]
P BABAIAH VS. GOVT OF A P [LAWS(APH)-1997-5-10] [REFERRED TO]
VARGHESE VS. PUBLIC SERVICE COMMISSION [LAWS(KER)-1990-11-14] [REFERRED TO]
SYED MEERA VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1993-2-58] [REFERRED TO]
KRISHNA KUMAR M V VS. V R LAW COLLEGE NELLORE [LAWS(APH)-1994-2-34] [REFERRED TO]
T.SHARATH VS. GOVT. OF A.P. [LAWS(APH)-2013-12-1] [REFERRED TO]
URESH MANEKLAL SHAH VS. STATE OF GUJARAT [LAWS(GJH)-1995-3-11] [REFERRED TO]
STATE OF J&K VS. SUNIL GUPTA [LAWS(J&K)-2003-5-33] [REFERRED TO]
K. A. JOSEPH VS. FLAG OFFICER COMMANDING IN CHIEF [LAWS(KER)-1994-9-38] [REFERRED TO]
JAG LAL VS. DIRECTOR HORTICULTURE U P GOVERNMENT [LAWS(ALL)-2003-5-113] [REFERRED TO]
UNION OF INDIA VS. DUKHI LAL RAM PRASAD AND CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(ALL)-2005-10-13] [REFERRED TO]
PARSHADRAI DINMANISHANKAR SHASTRI VS. RAJENDRA KHIMANI [LAWS(GJH)-2015-10-150] [REFERRED TO]
RAM CHANDRA VS. UNION OF INDIA [LAWS(ALL)-2013-10-138] [REFERRED TO]
ZAVERI KALPESH ARUNBHAI & 51 VS. STATE OF GUJARAT & 8 [LAWS(GJH)-2016-8-169] [REFERRED]
LALNEIHZOVI VS. NORH EASTERN HILL UNIVERSITY [LAWS(GAU)-2001-2-27] [REFERRED TO]
T SHAHOTO VIMCHUNGER VS. STATE OF NAGALAND [LAWS(GAU)-2002-6-34] [FOLLOWED ON]
MADHUSUDAN PAL VS. STATE OF WEST BENGAL [LAWS(CAL)-1995-3-12] [REFERRED TO]
KORAN ATCHUTA RAMAIAH VS. SENIOR DIVISIONAL MANAGER RAJAHMUNDRY [LAWS(APH)-1996-8-127] [REFERRED TO]
DIRECTOR GENERAL OF POLICE VS. B BARNALATA DEVI [LAWS(GAU)-2007-1-40] [REFERRED TO]
ALL ASSAM COMMUNITY INFORMATION CENTRE EMPLOYEES ASSOCIATION VS. STATE OF ASSAM [LAWS(GAU)-2013-10-20] [REFERRED TO]
N MALLA VS. UNION OF INDIA [LAWS(GAU)-2007-1-23] [REFERRED TO]
C.L. RAMMUANAWMA VS. ACCOUNTANT GENERAL [LAWS(GAU)-2019-4-99] [REFERRED TO]
ARVIND KUMAR YADAV AND OTHERS VS. STATE OF U. P. AND OTHERS [LAWS(ALL)-1993-10-84] [REFERRED TO]
MS VEENA KOTHAVALE VS. UNION OF INDIA [LAWS(DLH)-2018-1-458] [REFERRED TO]
STATE OF RAJASTHAN VS. SURESH CHANDRA [LAWS(RAJ)-2003-4-3] [REFERRED TO]
H G VAJRA SHREE VS. STATE OF KARNATAKA [LAWS(KAR)-1995-4-26] [RELIED ON]
G GANESAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2005-2-46] [REFERRED TO]
AIR INDIA VS. UNITED LABOUR UNION [LAWS(BOM)-1992-4-24] [REFERRED TO]
VIJAY KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2002-6-27] [REFERRED TO]
R.SHANKAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-3-317] [REFERRED TO]
K.M.PALANISAMY VS. PRESIDING OFFICER LABOUR COURT [LAWS(MAD)-2019-9-86] [REFERRED TO]
R.SENTHILKUMAR VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-8-226] [REFERRED TO]
S SIVAMAHESWARI VS. STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY [LAWS(MAD)-2018-4-363] [REFERRED TO]
P.V.MURUGANANDAM VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-2-271] [REFERRED TO]
A.GANESH VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(MAD)-2019-2-382] [REFERRED TO]
M L GUPTA VS. INSTRUMENTATION LTD [LAWS(PAT)-1991-4-11] [REFERRED TO]
K KRISHNANKUTTY VS. STATE OF KERALA [LAWS(KER)-2005-8-32] [REFERRED TO]
B. NAGARAJAN VS. THE PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-2-372] [REFERRED TO]
ASHWANI KUMAR VS. STATE OF BIHAR [LAWS(SC)-1996-12-1] [DISTINGUISHED]
A UMARANI VS. REGISTRAR CO OPERATIVE SOCIETIES [LAWS(SC)-2004-7-5] [REFERRED TO]
Bokaro Ispat Kamgar Union VS. Chairman, Sail [LAWS(JHAR)-2001-12-10] [REFERRED TO]
Lali Sinha VS. State Of Bihar [LAWS(JHAR)-2003-1-91] [REFERRED TO]
BHARATHI P.C. VS. KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LIMITED [LAWS(KER)-2019-12-264] [REFERRED TO]
S. RAJENDRAN VS. SECRETARY MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT [LAWS(MAD)-2018-3-969] [REFERRED TO]
VINOD KUMAR SRIRANJAN VS. STATE OF BIHAR [LAWS(PAT)-1999-8-92] [REFERRED TO]
S.THANGADURAI VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-3-589] [REFERRED TO]
D.RAMESHKUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-3-609] [REFERRED TO]
B.ANANDHI VS. CHAIRMAN TAMIL NADU GENERATION OF ELECTRICITY [LAWS(MAD)-2019-4-323] [REFERRED TO]
R.KUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-4-428] [REFERRED TO]
SETTLEMENT CLASS-IV JOB CONTRACT EMPLOYEES UNION VS. STATE OF ORISSA [LAWS(ORI)-1992-3-23] [REFERRED TO]
C MANI VS. TAMIL NADU VETERINARY AND ANIMAL SCIENCES UNIVERSITY [LAWS(MAD)-1999-11-70] [REFERRED TO]
V MUTHUKUMARASAMY VS. CHAIRMAN L I C CENTRAL OFFICE [LAWS(MAD)-2007-1-386] [REFERRED TO]
RESERVE BANK OF INDIA VS. C D CHAUHAN [LAWS(GJH)-1993-11-17] [REFERRED TO]
SIAMKUNGI OF CHALTLANG LILYVENG VS. STATE OF MIZORAM [LAWS(GAU)-1997-8-27] [REFERRED TO]
INSURANCE CORPORATION EMPLOYEES CONGRESS HYDERABAD VS. UNION OF INDIA [LAWS(APH)-1997-12-27] [REFERRED TO]
KHAGENDRA NATH SAU VS. STATE OF WEST BENGAL [LAWS(CAL)-2000-9-13] [REFERRED TO]
MANAGEMENT OF STATE BANK OF BIKANER AND JAIPUR VS. SANTOSH KUMAR MISHRA [LAWS(ALL)-2003-1-144] [REFERRED TO]
S C KANAUJIA VS. STATE OF UP [LAWS(ALL)-2009-12-76] [REFERRED TO]
MUKHYA NAGAR ADHIKARI NAGAR NIGAM VS. RAMAN KUMAR SINGH [LAWS(ALL)-2004-5-134] [REFERRED TO]
KEDAR NATH VS. DIRECTOR GENERAL PRANTIYA RAKSHAK DAL/VIKAS DAL AVAM YUWA KALYAN DIRECTORATE U P [LAWS(ALL)-2004-12-164] [REFERRED TOAND]
RAVINDRA PAL MISHRA SRI CHANDRA SHEKHAR MISHRA VS. ETAH DISTRICT CO OPERATIVE BANK LTD [LAWS(ALL)-2004-3-253] [REFERRED TO]
MANGALORE UNIVERSITY VS. C KUSUMAKARA HEBBAR [LAWS(KAR)-1993-2-19] [FOLLOWED ON]
SYED YOUNUS ALI VS. PRINCIPAL KENDRIYA VIDYALAYA GULBARGA [LAWS(KAR)-1993-2-23] [FOLLOWED ON]
SUSHIL KUMAR KARARE SON OF SHRI BANSHI LAL KARARE, AGED ABOUT 40 YEARS, BHOPAL (M.P.) 462001 AND OTHERS VS. UNION OF INDIA, THROUGH SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NEW DELHI 110 001 AND OTHERS [LAWS(MPH)-2013-10-187] [REFERRED]
MAHESH BHALCHANDRA AMRUTKAR VS. THANE MUNICIPAL CORPORATION [LAWS(BOM)-2019-1-63] [REFERRED TO]
HARISH BALKRISHNA MAHAJAN VS. OIL AND NATURAL GAS CORPORATION LTD [LAWS(BOM)-2004-2-151] [REFERRED TO]
JOSHY K.G. VS. MANAGING DIRECTOR [LAWS(KER)-2020-11-217] [REFERRED TO]
STATE OF HARYANA VS. PIARA SINGH [LAWS(SC)-1992-8-5] [RELIED ON]
ANURADHA BODI VS. MUNICIPAL CORPORATION OF DELHI [LAWS(SC)-1998-5-19] [DISTINGUISHED]
M.SANKAR VS. CHAIRMAN [LAWS(MAD)-2020-5-2] [REFERRED TO]
K GNANAVEL VS. GOVERNMENT OF PUDUCHERRY, REP BY SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-4-388] [REFERRED TO]
K.ANJALAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-3-519] [REFERRED TO]
G.BALASUBRAMANIAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-8-244] [REFERRED TO]
A.GEETHARANI VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2019-7-331] [REFERRED TO]
M.VENKATSAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-7-333] [REFERRED TO]
UNION OF INDIA VS. S RITA MARY [LAWS(MAD)-2011-7-136] [REFERRED TO]
SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF FINANCE VS. S RITA MARY [LAWS(MAD)-2011-7-320] [REFERRED TO]
GOPINATH BHOWMIK VS. UCO BANK [LAWS(GAU)-1995-4-5] [REFERRED TO]
TIKARAM SHARMA VS. STATE OF NAGALAND [LAWS(GAU)-1997-4-11] [REFERRED TO]
A V S N B SHANKARAN VS. CENTRAL INSTITUTE OF ENGLISH AND FOREIGN LANGUAGES [LAWS(APH)-1996-11-40] [REFERRED TO]
P RAJESWARA PRASAD VS. PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH HYDERABAD [LAWS(APH)-1996-6-54] [REFERRED TO]
NATIONAL TEXTILE CORPORATION WBABO LTD VS. PLABAN KUMAN DAS [LAWS(CAL)-1992-4-33] [REFERRED TO]
SUDHIR CHANDRA MAHATO VS. STATE OF WEST BENGAL [LAWS(CAL)-2002-12-21] [REFERRED TO]
BIMAL MALI VS. STATE OF WEST BENGAL [LAWS(CAL)-2002-4-59] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIAS VS. RAMESH CHANDRA SHARMA [LAWS(ALL)-1998-11-92] [REFERRED TO]
K J FULETRA VS. STATE OF GUJARAT [LAWS(GJH)-1993-3-35] [REFERRED]
JAVAID IQBAL BALWAN VS. STATE [LAWS(J&K)-2006-9-8] [REFERRED TO]
JAIDEV VS. INDIRA GANDHI NATIONAL OPEN UNIVERSITY [LAWS(DLH)-2002-10-81] [REFERRED]
HAUZ RANI SEED FARM VS. KASHMIRI [LAWS(DLH)-2005-9-99] [REFERRED TO]
KERALA PUBLIC SERVICE COMMISSION VS. R.ANILKUMAR [LAWS(KER)-2013-4-6] [REFERRED TO]
GOPAL PRASAD VS. STATE OF U P [LAWS(ALL)-2003-9-184] [REFERERD TO]
GENERAL MANAGER STATE BANK OF HYDERABAD HYD VS. V RAMULU [LAWS(APH)-1999-7-36] [REFERRED TO]
Y SUDHAKAR REDDY VS. VENKATESHWARA UNIVERSITY [LAWS(APH)-1992-4-7] [REFERRED TO]
ZASEVEYI VENYO VS. STATE OF NAGALAND AND ORS. [LAWS(GAU)-1993-7-9] [REFERRED TO]
RAM DASS VS. SYNDICATE BANK [LAWS(HPH)-2004-6-22] [REFERRED TO]
TEJ BAL VS. DIRECTOR OF EDUCATION U P [LAWS(ALL)-1991-2-41] [REFERRED TO]
ANAND NARAIN SINGH VS. U P SECONDARY EDUCATION SERVICE SELECTION BOARD [LAWS(ALL)-2001-2-174] [REFERRED TO]
K D VOHRA VS. KAMLESHBHAI GOBARBHAI PATEL [LAWS(GJH)-2002-12-34] [REFERRED TO]
KACHCHH JAL SANKAT NIVARAN SAMITI VS. STATE OF GUJARAT [LAWS(GJH)-2005-10-9] [REFERRED TO]
C DHANAMJAYA VS. SRI VENKATESWARA UNIVERSITY, TIRUPATI [LAWS(APH)-2013-4-125] [REFERRED TO]
GOVT OF NCT OF DELHI VS. ANITA NANDA [LAWS(DLH)-2002-9-173] [REFERRED 4.]
RAJESH SINGH VS. VIDYADHIRAJ PANDEY [LAWS(ALL)-2006-7-204] [REFFERED TO]
KULDEEP KUMAR AND ANR. VS. STATE OF J&K [LAWS(J&K)-2017-10-84] [REFERRED TO]
SHAFI AND ORS. VS. STATE OF J&K AND ORS. [LAWS(J&K)-2014-12-41] [REFERRED TO]
STATE OF U P VS. PRESIDING OFFICER LABOUR COURT II [LAWS(ALL)-2003-3-149] [REFERRED TO]
STATE OF KERALA VS. K. SADANANDAN AND OTHERS [LAWS(KER)-2018-3-431] [REFERRED TO]
GYAN PRAKASH SINGH VS. STATE OF U P [LAWS(ALL)-2002-8-77] [REFERRED TO]
Director Indian Institute of Management VS. Basudeb Patra [LAWS(CAL)-1996-3-42] [REFERRED TO]
GURBACHAN LAL VS. REGIONAL ENGINEERING COLLEGE [LAWS(SC)-2007-3-138] [REFERRED TO]
M.KASI VS. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION [LAWS(MAD)-2019-9-378] [REFERRED TO]
RAJA VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-6-285] [REFERRED TO]
P. SANKAR VS. THE HOME SECRETARY [LAWS(MAD)-2018-2-375] [REFERRED TO]
TAMIL NADU SLUM CLEARANCE BOARD VS. THALAIVER, TAMIL NADU KUDISAI MATRU VARIA THUPPARAVU AND ORS. [LAWS(MAD)-2019-10-461] [REFERRED TO]
LALITA VS. STATE OF RAJ AND ORS [LAWS(RAJ)-1999-4-97] [REFERRED]
STATE OF UTTARAKHAND & ANOTHER VS. BRAHM PAL SINGH [LAWS(UTN)-2018-4-76] [REFERRED TO]
JOGINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1994-5-170] [REFERRED]
TAMIZHAGA CIVIL SUPPLIES CORPORATION VS. STATE OF TAMIL NADU [LAWS(MAD)-2011-8-75] [REFERRED TO]


JUDGEMENT

- (1.)In special leave petitions, leave granted.
(2.)An autonomous body called the Kerala Water and Waste Water Authority was constituted with effect from 1 st 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. This ordinance was replaced by similar Ordinances issued from time to time, the last being Ordinance No. 27 of 1986 which was in turn replaced by the Kerala Water Supply and Sewerage Act. 1986 (Act No. 14 of 1986), (hereinafter called 'the Act') : Section 1(3) whereof provides that it shall be deemed to have come into force on 1 st March, 1984 This Act, besides providing 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 collection and disposal and for matters connected therewith. There is no dispute that the functions which were carried on by the Public Health Engineering Department (PHED) were transferred to the autonomous body on the enactment of the Ordinance No. 14 of 1984. After the enactment of the Act, every person working in the PHED became the employee of the Kerala Water Authority (for short the 'Authority') by virtue of Section 19(l) 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 conditions, 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 not come into force and shall continue to do so until his employment in the Authority is terminated or until his remuneration or other terms and conditions 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 nothing contained in this sub-section shall apply to an employee in the cadres of the Administrative Officers, Financial Assistants Divisional Accountants, Typists and Stenographers, who, by notice in writing given to the Government and the Authority within such time as the Government may, by general or special order, specify, intimates his intention of not becoming an employee of the Authority;

Provided further that an employee referred to in the preceding proviso shall continue to be an employee under the Government and shall be provided elsewhere in any post or other service under the Government."

Sub-sections (3) and (6) of Section 19 make it clear that such transfer of service shall not entitle the employee to claim any compensation under the Industrial Disputes Act. 1947 nor shall it amount to retrenchment or abolition of post under any extant rule, regulation or order applicable to Government servants. Thus, the erstwhile staff of the PHED was by the thrust of Section. 19(l) transferred on the establishment of the Authority. This would naturally concern those persons only who were in the employment of the PHED before the establishment of the Authority w.e.f. 1 st April, 1984.

(3.)The staff members employed by the Authority after its constitution were naturally appointed under the provisions of the concerned statute. 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 provisions 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 officers and staff as may be required against posts duly sanctioned by it:

Provided that the Authority shall obtain the previous approval of the Government for the creation of post above the rank of the Executive Engineer."

By virtue of Section 8(3), except as provided by sub-sections (1) and (2), the appointment and conditions of service of the officers and employees of 'the Authority are to be governed by rules made by the Government from time to time. Although the Act is deemed to have come into force w.e.f. 1 st March, 1984, Section 69 became effective from the date of publication of the Act in the Gazette i.e. 4th August, 1986. That section reads as follows:

"Amendment of Act 19 of 1979 - 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."

Even though Act 19 of 1970 stood so amended by the force of Section 69, actual effect could be given after issuance of Notification No. G.O.(MS) No.38/88 /P and ARD dated 30th July, 1988 on which date item (LIII) was added to the relevant rules as under:

"Amendment of the Rules - In the Kerala Public Service Commission (Consultation by Corporation and Companies) Rules, 1971, in Clause (d) of rule 2, after item (LII), the following item shall be added, namely:-

(LIII) The Kerala Water Authority."

This amendment was considered necessary with a view to bringing the Authority within the purview of PSC so that it may seek the advice of that body on matters relating to the methods of recruitment of its employees, etc.

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