TMI Blog2007 (3) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice of the Appellant No. 1 till attaining the age of 60 years. The case of the Appellant before both learned single Judge and the Division Bench was that the standard age of retirement of its employees is 58 years and the writ Petitioner i.e. Respondent No. 1 was no exception. The special appeal was filed stating that the interim order was contrary to the view taken by a Division Bench in Harwindra Kumar v. Chief Engineer Karmik, U.P. Jal Nigam, Lucknow and Ors. 2002 (2) UPLBEC 1511: 2002 (3) AWC 2135. The Division Bench dismissed the appeal. 3. In support of the appeal learned Counsel for the Appellant submitted that the interim order was contrary to the view expressed by the Division Bench which was binding on a subsequent Division ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e training for its own personnel as well as employees of the local bodies ; (iv) to prepare and carry out schemes for water supply and sewerage ; (v) to lay down the schedule of fees for all services rendered by the Nigam to the State Government, local bodies, institutions or individuals ; (vi) to enter into contract or agreement with any person, firm or institution, as the Nigam may deem necessary, for performing its functions under this Act ; (vii) to adopt its own budget annually ; (viii) to approve tariffs for water supply and sewerage services applicable to respective local areas comprised within the jurisdiction of Jal Sansthans and such local bodies as have entered into an agreement with the Nigam under Section 46 ; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erms 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 date if this Act had not come into force, and shall continue to do so until his employment in the Nigam is terminated or until his remuneration or other terms and conditions of services are revised or altered by the Nigam under or in pursuance of any law or in accordance with any provision which for the time being governs his service : xx xx xx 89. Directions to the Nigam on questions of policy.- (1) In the discharge of its functions, the Nigam shall be guided by such directions on questions of policy as may be given to it by the State Government. (2) If any question arises whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere continued to remain the same as they were before the appointed date unless and until the same are altered by the Nigam under the provisions of the Act. Section 97 confers power upon the Nigam with the previous approval of the State Government to frame regulations in relation to service conditions of employees of the Nigam and, acting thereunder, the Regulations were framed by the Nigam in the year 1978, Regulation 31 whereof provides that service conditions of the employees of the Nigam shall be governed by such rules, regulations and orders which are applicable to other serving Government servants functioning in the State of Uttar Pradesh. Thus, from a bare reading of Section 37 and Regulation 31, it would be clear that the service con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd by simply issuing direction by the State Government purporting to act under Section 89 of the Act and thereupon taking administrative decision by the Nigam under Section 15 of the Act in relation to the age of the employees would not tantamount to amending Regulation 31 of the Regulations. 9. In Harwindra Kumar's case (supra), the Division Bench decision on which the Appellant places reliance was challenged. Orders passed by the High Court dismissing the writ petitions as well as those by the Nigam directing that the Appellants of the civil appeals and the Petitioners of the writ petitions would superannuate upon completion of the age of 58 years were set aside and it was directed that in case the employees have been allowed to co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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