TRINATH HARICHANDAN Vs. CHAIRMAN PARADEEP PORT TRUST

JUDGEMENT

(1.) LEAVE granted in both the Special LEAVE Petitions.

(2.) WITH the consent of learned Advocates appearing for the contesting parties these appeals were taken up for final hearing and after hearing them they are being disposed of by this judgment.

(3.) PARADEEP Port Trust is situated in the State of Orissa. It is governed by the Major Port Trust Act, 1963 (hereinafter referred to as 'the Act'). As per Section 42 of the said Act a duty is cast on the major port governed by the Act to undertake and perform services mentioned therein. In the exercise of powers conferred by Section 42 of the Act the Board of Trustees of PARADEEP Port which is duly constituted under Section 3 of the Act framed a scheme in connection with the handling of cargoes at the said port. The said scheme was styled as the PARADEEP Port Cargo Handling Scheme of 1979. As per Clause 2 of the said Scheme Pradeep Port Trust had to undertake the supply of cargo handling workers to the licensed stevedores and to the trade for all operations on the Board of vessels and for bagging, stitching and sealing operations on berth respectively. Clause 18 of the said Scheme prescribed composition of gangs of workers to be entrusted with the said task. Sub-clause (iii) of the said Clause related to stevedoring gang and sub-clause (iv) related to shore gang. The said 1979 Scheme came into force with effect from January 1980. Under the said Scheme two lists of workmen were prepared - (1) Main List and (2) Subsidiary/Standby List. Under the said Scheme of 1979 the PARADEEP Port directly undertook the following services to facilitate the movement of cargo, outward and inward, at the said port. The said services comprised of the following categories :