NEW MANGALORE PORT TRUST REPRESENTED BY ITS CHAIRMAN PANAMBUR MANGALORE-575010, D.K. Vs. NEW MANGALORE PORT STAFF ASSOCIATION REPRESENTED BY ITS GENERAL SECRETARY NMPT BUILDINGS, PANAMBUR MANGALORE-575 010, DK.

JUDGEMENT

(1.) THE concurrent findings of the order passed by the Central Government Industrial Tribunal in CR No. 31.1987 dated 12.12.2002 which has been confirmed by the learned Single Judge in W.P. No. 32584/2003 dated 19th September 2011 are called in question in this appeal. A short question that arises for consideration is : Whether the incentive scheme can be extended to Tally Clerks, Traffic Inspectors and Assistant Traffic Inspectors who are working along with Cargo Handling Gang Workers of the appellant Trust?

(2.) A dispute was raised at the instance of the Workmen of the Respondent in CR No.31/1987 under Section 10(2 -A) of the I.D. Act. Accordingly, the Tribunal was required to answer two questions which were sent under reference. During the pendency of the matter before the Tribunal, a Joint Memo was filed by both the parties agreeing for certain terms and there was a Draft Scheme prepared by the Union and the appellant was submitted to NPC and the Tribunal. Since the matter was pending for a long time, by way of interim arrangement, the Tribunal passed an interim order on 22.07.1989 directing the appellant to pay 50% of the average earnings of directly employed tally clerks subject to the final decision. In the meantime, the appellant framed draft scheme with regard to the quantum of entitlement of respondent - workmen and communicated the same as per the letter dated 20th June 1996. The respondent - Association also gave its consent and approval. Accordingly, a Memo was filed before the Tribunal on 19.09.1996 by the respondent - Association, for which the appellant did not file any objection. Later, the appellant accepted the draft scheme and sent it for the approval of the Government of India. The Government of India by its letter dated 20th August 1997 stated that in terms of the All India Settlement dated 06.12.1994 the appellant can take decision in regard to local matters touching the issue of local members without any repercussion on any other port. Accordingly, the appellant agreed to pay incentive to respondent - workmen as per the Scheme for which the respondent - workmen has no objection. The order of the Tribunal was questioned by the appellant before the learned Single Judge. The learned Single Judge considering the appellant - Board's Resolution dated 28.06.1996 in accepting the scheme and entitlement subject to approval by Central Government as the Central Government has not rejected the scheme and held that local issues are to be worked out by the appellant in terms of All India Settlement scheme, rejected the writ petition. Challenging the same, the present appeal is filed.