AI Overview...
-
Removal of Statutory Board Members - Must adhere to legislative provisions; the doctrine of pleasure generally governs such removals, but courts have held that nominated members cannot be terminated before their term unless specified by law. In Kerala, courts have examined whether the government can remove members without cause under this doctrine, emphasizing legal constraints SAJI D ANAND vs KERALA LABOUR WELFARE FUND BOARD Advocate -SRI JAWAHAR JOSE,SC,KERALA LABOUR WELFA - Kerala, vs - Kerala.
-
Employees of Statutory Boards - They do not hold civil posts under the state and are not considered government employees. Their service conditions and rights, including pension, are governed by regulations specific to each board, and they are not directly subject to civil service rules like the Punjab Civil Services Rules Kanwal Preet Singh Sidhu VS State of Punjab - Punjab and Haryana, C. Nalini VS State of Karnataka by its Principal Secretary Health & Family Welfare Services Bangalore - Karnataka.
-
Legal Protections and Court Rulings - Courts have upheld the authority of statutory boards to maintain and protect their assets, such as constructing compound walls or managing religious institutions, emphasizing their statutory powers. They also recognize that dues to boards (e.g., welfare funds) are not public revenue and can be recovered accordingly TRAVANCORE DEVASWOM BOARD vs ASHRAFF Advocate -SRI GIBI C GEORGE - Kerala, A.S.SURESH KUMAR Vs PRNCIPAL SECRETARY - Kerala.
-
Tendering and Contractual Relations - Statutory boards involved in public asset management must follow transparency and fairness in tender processes, avoiding concealment of material facts and undue pressure, especially when dealing with public assets M/s Acciona Agua S A Vs Bangalore Water Supply And Sewerage Bwssb - Karnataka.
-
Welfare Funds and Revenue Recovery - Dues to welfare funds (e.g., Toddy Workers Welfare Fund) are recoverable, and settling these dues can lead to the re-conveyance of properties. Such dues are not considered public revenue but are enforceable obligations A.S.SURESH KUMAR Vs PRNCIPAL SECRETARY - Kerala.
-
Retirement and Service Conditions - Amendments to service rules, including retirement age, for board employees are subject to the governing body's decisions, with courts recognizing the distinction between government and board employees. The service conditions are governed by the respective statutes and regulations K.MURALEEDHARAN NAIR Vs STATE OF KERALA - Kerala.
-
Coordination and Statutory Existence - Disputes arising from technical issues or lack of coordination between statutory boards should not undermine their statutory existence or functions, and courts uphold their authority and statutory status Kumar Tribhuban S/o. Baiju Prasad Yadav VS State of Rajasthan, Through the Secretary, Medical and Health Education, Secretariat, Jaipur - Rajasthan.
Analysis and Conclusion:
Statutory boards operate under specific legislative frameworks that define their powers, including appointment, removal, and service conditions of members and employees. While they enjoy certain autonomous powers, their actions, especially regarding removal and asset management, are subject to legal scrutiny and constitutional principles, such as the doctrine of pleasure and statutory provisions. Courts have consistently upheld their authority in managing assets, enforcing dues, and carrying out statutory functions, emphasizing the importance of adherence to legislative provisions and transparency in their operations.
Search Results for "Statutory Boards"
2016 Supreme(Online)(KER) 14989 • India - High Court of Kerala
A. Muhamed Mustaque, J
Removal must adhere to legislative provisions that govern the conduct of these Statutory Boards. ... Doctrine of Pleasure - Statutory Boards - Kerala Labour Welfare Fund Act, 1975; Kerala Minimum Wages Act, 1948; Kerala Motor Transport ... Workers' Welfare Fund Act, 1985 - The court held that nominated members on Statutory Boards cannot be terminated before their term ... Boards in the State. ... The doctrine of pleasure normally operates at two levels in relation to ....
2017 0 Supreme(P&H) 315 • India - Punjab and Haryana
SURYA KANT, SUDIP AHLUWALIA
Employees of Statutory Boards/Corporations do not hold civil posts under the State and are not serving under the Government. ... Finding of the Court: The court found that the petitioners, as employees of Statutory Boards/Corporations, do not hold ... Application of Punjab Civil Services Rules to employees of Punjab Vidhan Sabha and Punjab and Haryana High Court - Employees of Statutory ... The question whether the employees of Statutory Boards/Corporations hold civ....
2017 Supreme(Online)(KER) 25024 • India - High Court of Kerala
P.N.RAVINDRAN, Devan Ramachandran, JJ
Fact of the Case: The State of Kerala removed several members from statutory boards alleging their appointments were ... Issues: Whether the doctrine of pleasure allows the Government to remove members of statutory boards without cause under the ... Doctrine of Pleasure - Removal of Statutory Board Members - Kerala Labour Welfare Fund Act, Minimum Wages Act, Motor Transport ... We declare that the petitioners and other members of the statutory Boards#HL_E....
2013 0 Supreme(Kar) 239 • India - Karnataka
D.V.SHYLENDRA KUMAR
Shylendra Kumar, J] Pension - Karnataka Board of Homeopathic System of Medicine not paying pension to its employees - Other statutory ... Boards paying pension to its employees - Held, Board may frame regulations to enable its employees to get pension and other retirement ... Writ of Mandamus cannot be issued to the Board. ... In a matter of this nature, I do not find Article 14 or 16 of the Constitution of India is attracted for the reason that the Board is an independent s....
2025 Supreme(Online)(KAR) 3599 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR JUSTICE SURAJ GOVINDARAJ, J
(Paras 1, 12, 25) ... ... (B) Tender validity - The court emphasized that statutory ... boards must not conceal material facts from bidders and that the invocation of the bank guarantee was intended to pressure the petitioners ... Tendering process - The petitioners sought to quash the Letter of Acceptance (LOA) issued by the Bangalore Water Supply and Sewerage Board ... Statutory Board and corporations like BWSSB, BMRCL or the like, who are public Organisations dealing with public assets are not expe....
• India - Consumer
GYAN SUDHA MISRA, PINAKI CHANDRA GHOSE
(i) Consumer Protection Act, 1986—Section 2(1)(d)—Deficiency in service—Statutory Boards and Development Authorities which are allotting ... We would reiterate that the statutory Boards and Development Authorities which are allotting sites with the promise of development ... The one is contractual service and the other statutory service. ... We would reiterate that the statutory Boards and Development Authorities which are allotting sites with the promise of developme....
2019 Supreme(Online)(KER) 42722 • India - High Court of Kerala
ANU SIVARAMAN, J
The petitioner, a former licensee of toddy shops, faced revenue recovery for unpaid dues to the Toddy Workers Welfare Fund Board ... Issues: Whether the petitioner was entitled to re-conveyance of his property after settling dues to the Welfare Fund Board ... Ratio Decidendi: Once the dues to the Toddy Workers Welfare Fund Board were settled, the basis for the state to retain the ... Assistant Engineer [2015 (1) KLT 95] held that amounts due to statutory Boards and Corporations are not public revenue....
2016 Supreme(Online)(KER) 24021 • India - High Court of Kerala
K.T.SANKARAN, A.HARIPRASAD, JJ
Ratio Decidendi: The court concluded that the statutory board has the authority under the relevant act to maintain and protect ... Administration - Travancore Cochin Religious Institutions Act - Sections not specified - The court upheld the authority of the statutory ... board to construct a compound wall for the temple, emphasizing the need for police protection against encroachments and respect ... The petitioner is a statutory Board constituted under the Travancore Cochin Religious....
2009 Supreme(Online)(KER) 31931 • India - High Court of Kerala
K.BALAKRISHNAN NAIR, P.BHAVADASAN, JJ
Fact of the Case: Employees of a statutory board challenged their retirement age after amendments to service rules, ... decided by the governing body, emphasizing the distinction between Board and regular government employees. ... Issues: Whether the amended retirement age should apply to Board employees after restructuring and the extent to which the ... The service conditions of employees of the Government and that of various Government companies, statutory Boards etc., are diffe....
2023 0 Supreme(Raj) 407 • India - Rajasthan
PUSHPENDRA SINGH BHATI
A technicality which might have arisen due to lack of coordination between two statutory Boards cannot become a ground for denial ... Constitution of India,1950 - Article 226, 15(1) , 14 and 15 - Bihar School Examination Board Act, 1952 - ... Examination Board (BSEB) Patna, Bihar - examination by virtue of the interim order - Petitioners are those students, who qualified ... (f) The respondents are not in a position to discard the statutory existence of Bihar School Examination Board.....
Filter by Legal Phrase
