NEW MANGALORE PORT TRUST REPRESENTED BY ITS CHAIRMAN Vs. NEW MANGALORE PORT STAFF ASSOCIATION REPRESENTED BY ITS GENERAL SECRETARY

JUDGEMENT

(1.) THIS writ petition is filed calling in question the award dated 12.12.2002 in C.R. No. 31/1987 passed by the Central Government Industrial Tribunal Labour Court (for short 'Tribunal') at Bangalore.

(2.) THE Respondent -Association represents the workmen in the Petitioner's Port Trust. The Respondent initiated conciliation proceedings for extending the (sic) scheme to the categories of Tally Clerks, Traffic Inspectors and Assistant Traffic Inspectors who are working along with Cargo Handling Gang Workers. The conciliation proceedings ended in failure and the Central Government referred the dispute between the parties for adjudication under Section 10[2 -A] of the I.D. Act to the Tribunal, The schedule of reference is as under: Whether the Administration of New Mangalore Port Trust is Justified in introducing 2 shift system in respect of operational staff in the Traffic department of New Mangalore Port Trust without paying any extra allowance/over time as is being paid in Cochin Port Trust? If not, to what relief the said workmen are entitled? Whether the management of New Mangalore Port Trust is justified in not extending the Incentive Scheme to the categories of Tally Clerks, Traffic Inspectors and Assistant Traffic Inspectors, who are working along with Cargo handling Gang Workers? If not, to what relief the said workmen are entitled?

(3.) ACCORDINGLY , the Tribunal referred the issue to frame a draft Incentive scheme on the controversy between parties to the National Productivity Council (N.P.C). Accordingly, the N.P.C. submitted a report as per Annexure 'H'. After hearing both, the parties, the Tribunal passed an award on 01.07.1988 as per Annexure 'C' declaring that the Respondent -workmen are entitled for incentive scheme. This award as per Annexure 'C' had became final Therefore there is no controversy between the parties with regard to entitlement of incentive scheme benefits by the Respondent -workmen.