VIZAGAPATAM DOCK LABOUR BOARD Vs. STEVEDORES ASSOCIATION VISHAKHAPATNAM

JUDGEMENT

(1.) This appeal by special leave by the Vizagapatnam Dock Labour Board (hereinafter referred to as the Board), is directed against the award, dated May 24, 1968 of the Industrial Tribunal, Andhra Pradesh, Hyderabad, in I. D. No. 10 of 1967 holding that the appellant should pay the Dock workers employed at Vizagapatnam Port bonus for the accounting years 1964-65, 1965-66 and 1966-67.

(2.) The Central Govt., by its order dated April 13, 1967, referred for adjudication to the said Tribunal the question whether the demand for payment of bonus to Dock Labour Board Workers employed at Visakhapatnam Port for the accounting years 1964-65, 1965-66 and 1966-67 was justified and, if so, at what rate should such bonus be paid. The parties to the Reference included the Board, the Visakhapatnam Stevedores Association, certain individual Stevedores and two. Unions representing workers. The two Unions were the Port Khalasis Union and the Dock Workers Union.

(3.) Both the Unions filed statements of claim on behalf of their workmen. They referred to the demands made by them for payment of bonus and the rejection thereof by the Board and the Stevedores Association. They referred to certain agreements having been reached in respect of bonus between the workmen and the respective Stevedores Associations, in Calcutta, Cochin, Madras and Bombay. They claimed that the work done by the workmen at Visakhapatnam Port was exactly similar to the type of work done by the Stevedores workmen at Bombay, Calcutta, Cochin and Madras and that therefore their claim for bonus was justified. They further referred to the fact that the Board and the Stevedores Association were all governed by the Dock Workers (Regulation of Employment) Act, 1948 (Act IX of 1948) (hereinafter referred to as the Act) and the Vizagapatnam Dock Workers Regulation of Employment) Scheme, 1959 (hereinafter referred to as the Scheme), framed thereunder. The said Scheme is similar to the Scheme obtaining in the areas where a settlement had been entered into regarding bonus and the relationship between the Stevedores and the Dock Labour Board was also the same in all ports. The Unions claimed bonus at 14 paise per ton for 1964-65, 15 paise per ton for 1965-66 and 16 paise per ton for 1966-67.