MAHESH TRAVELS AND TOURS Vs. COMMISSIONER 0F POLICE

JUDGEMENT

(1.) These appeals are directed against an order of the Bombay High Court dismissing in liming the appeals filed by the appellants herein against the judgment of a single Judge dismissing their writ petitions challenging the right of the police authorities to prepare and enforce a roster system for operating launch services between Gateway of India at Bombay and Elephanta Island.

(2.) The appellants are operating launch services for joy rides, film shootings, etc. from Apollo Pier or Gateway of India to Elephanta Island, and respondent No. 7 is a co-operative association of launch owners also engaged in the same activity. It appears that originally the appellants were desirous of acquiring membership of this association but were denied entry, and thereafter it was the association which wanted the appellants to join its membership but the appellants declined the offer. The members belonging to the association were operating launch services turn by turn on a voluntary roster system to avoid unhealthy competition. It appears that when the efforts made by the police and the Port Trust Authorities to resolve the differences in the operation of launch services between the association and the appellants failed, a roster system was chalked out on the direction of the Deputy Conservator of Bombay Port Trust (Respondent No. 3) which was sought to be enforced by the police. When some employees working in their launches were arrested for failure to act according to the roster system. The appellants filed writ petitions claiming that the police and the Port Trust authorities had no authority to compel them to follow the roster system. The High Court dismissed the writ petitions holding that the Bombay Port Rules conferred powers upon the Deputy Conservator to give directions for berthing and for mooring and unmooring the vessels in the Port and, that apart, the police and the Port Trust authorities had adequate powers under the Port of Bombay Passenger Boat Rules, 1962 and Section 67 of the Bombay Police Act to regulate the manner in which the launches carried passengers.

(3.) The only point for consideration in these appeals is whether the Deputy Conservator of Bombay Port Trust and/or the police had the power to prepare and enforce the roster system.