Employees exclusively employed in connection with water supply and sewerage services became employees of the Water Authority by operation of law after the transfer of services as per the provisions of the Kerala Water and Sewerage Act, 1986.

1. When C.M.P. No.29707/89 came up for orders, I heard learned counsel appearing on either side in detail. I am disposing of the Original Petition.

2. First petitioner was appointed as Water Meter Reader in Palghat Municipality on 21-4-1983. Eventhough that appointment was temporary under R.9 (a) (i) of the Kerala State and Subordinate Services Rules, he continued in service from that date. Petitioners 2 and 3 were also appointed under R.9(a)(i) of the General Rules as Water Meter Readers as per the order dated 27-7-1981. They were discharging their duties attached to the post without break. When the water supply and sewerage system in Palghat Municipality stood transferred to and vested in the Kerala Water Authority, 3rd respondent, with effect from 1-4-1989, according to the petitioners, by virtue of S.20 of the Kerala Water and Sewerage Act, 1986, hereinafter referred to as 'the Act', they became temporary employees of the Kerala Water Authority and are entitled to continue as such. Second respondent terminated their services with effect from 31-10-1989. That termination is under challenge in this petition.

3. Sri. K. J. Joseph, learned counsel representing 2nd respondent-Municipality, submitted that the Municipality engaged the petitioners as temporary employees under R.9(a)(i) of the General Rules for attending to the work as Water Meter Reader. Their work was exclusively connected with the water supply and sewerage system. The water supply and sewerage system stood transferred to and become vested in the Kerala Water Authority with effect from 1-4-1989 and petitioners became employees of that Authority. Thereafter 2nd respondent is not having any control over the petitioners.

4. Sri. K.R. Kurup, learned counsel representing the Kerala Water Authority submitted that it is correct to state that the water supply and sewerage system which belonged to 2nd respondent stood vested in the Kerala Water Authority with effect from 1-4-1989. But its assets and employees were not transferred to the Water Authority. So, employees engaged by the Municipality in connection with the water supply and sewerage system cannot become employees of the Water Authority. In this view, petitioners cannot claim any relief as against the Water Authority. Yet another contention that has been raised by him is that petitioners have not succeeded in showing whether they were exclusively employed in connection with the water supply and sewerage service of Palghat Municipality. As there is dispute regarding the exclusive nature of employment, the issue will have to be decided by the Government as contemplated by S.20(3) of the Act. Without Government taking a decision as contemplated by that section, petitioners cannot have any remedy as against the Kerala Water Authority.

5. S.18 of the Act inter alia provides that water supply and sewerage services which were vested in any local authority shall vest in and stand transferred to the Water

Authority on a day appointed by the Government. This provision makes it clear that width effect from the date appointed by the Government the entire water supply and sewerage services which belonged to a local body should vest in and stand transferred to the Water Authority. Ext. P1 order of the Government dated 11-10-1989 makes it clear that the appointed day, for the above vesting and transfer of the water supply and sewerage services which belonged to local bodies to the Water Authority, was fixed as 1-4-1989. Consequent on the fixation of that date, with effect from 1-4-1989, the entire water supply and sewerage services which belonged to the Palghat. Municipality became vested in and stood transferred to the Water Authority. By the provisions contained in S.18(1) of the Act, the water supply and sewerage services which belonged to the local body was transferred to and became vested in the Water Authority. The water supply and sewerage services became subject of an absolute transfer by operation of law. The tr