SC upholds verdict declaring WASA’s performance bonus illegal

Staff Reporter :
The Appellate Division of the Supreme Court has upheld a High Court verdict declaring illegal awarding the performance bonus to the employees of the Dhaka Water Supply and Sewerage Authority (Dhaka WASA).
Meanwhile, the apex court has stayed a part of the verdict that declared illegal the fixation of the water tariff by the Board of the Dhaka WASA without framing any rule and in violation of provisions of the WASA Act, 1996.
However, the Dhaka WASA will not be able to fix any new water tariff till disposal of the matter in the regular Bench of the Appellate Division.
Chamber Judge of the Appellate Division of the SC, Justice M Enayetur Rahim, passed the order after hearing a petition filed by the Dhaka WASA authorities against the High Court order.
Lawyers AM Amin Uddin and Sayed Mahsib Hossain appeared in the court hearing on behalf of the Dhaka WASA, while Prof Dr M Shamsul Alam represented the Consumer Association of Bangladesh (CAB).
Earlier on March 16, the High Court declared illegal awarding the performance bonus to the employees of the Dhaka WASA. It also declared illegal the fixation of the water tariff by the Board of the Dhaka Water Supply and Sewerage Authority without framing any rule and in violation of provisions of the WASA Act, 1996.
The High Court Bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo delivered the verdict after hearing a writ petition filed by the Consumer Association of Bangladesh.
However, the High Court said, “Henceforth, fixation of water tariff and awarding of the performance bonus to the employees of Dhaka Water Supply and Sewerage Authority is stayed till formulation of the rules and regulations as enshrined in Sections 48 and 49 of the Dhaka WASA Act, 1996.”
Following the writ petition the HC Bench on August 16 in 2022 issued an injunction against chairman, managing director and the board of the Dhaka WASA restraining them from distributing performance bonus to the employees till disposal of a rule issued by it.
It also issued a rule asking the concerned bodies of the government to explain in four weeks as to why awarding the performance bonus to the employees of the Dhaka Water Supply and Sewerage Authority should not be declared illegal.
It also wanted to know in the rule as to why the fixation of the water tariff by the Board of Dhaka Water Supply and Sewerage Authority without framing any rule and in violation of provisions of the WASA Act, 1996 should not be declared illegal.
After hearing on the rules, the High Court Bench on March 16 declared them absolute.
The Dhaka Water Supply and Sewerage Authority took its last decision on July 7 last year increasing 5 per cent of water tariff which will be implemented from September 1 in 2022.
According to the Dhaka WASA Act, 1996, the authorities of the Dhaka WASA are supposed to be fix the water tariff by following the rules framed there under by the government. But until now, the authorities have not framed any rules to deal with the matter.
In the 291stmeeting of Dhaka WASA Board on April 27 last year, it was decided to give Performance Award (Performance Bonus) to its employees, which will be equal to three basic salaries of each.