KARUPPIAH S Vs. CHENNAI DOCK LABOUR BOARD

JUDGEMENT

(1.) The Madras Unregistered Dock General Pool Workers Scheme, 1988 as also the Madras Unregistered Dock Clearing and Forwarding Workers' Scheme, 1998 both of which are framed under Section 4(1) of the Dock Workers (Regulation of Employment) Act, fixes the age of retirement of those governed by the scheme as 58 years. It is so provided by clause 21 and clause 18(l)(b) of the respective schemes. The appellant workmen who are governed by those schemes accepted the offer made by the Dock Labour Board to list their names under the schemes, which offer contained an express stipulation that the age of retirement will be 58 years.

(2.) They, however, approached this Court nine years after the notification of the scheme when their retirement on attaining the age of 58 years was intimated to them, challenging the employer's right to retire them at that age. They contend that by reason of Clauses 41(3) and 38(3) respectively of the two schemes which, inter alia, provide that nothing in those two clauses will apply in respect of any right accrued during the time they were workers under the private employer - the age of retirement under their previous employers as set out in the Standing Orders by which they had been governed while they were in private employment being 60 years, their age of retirement was 60 years. They also contend that under the Standing Order framed by the Dock Labour Board in 1959, the age of retirement is mentioned as 60. It is their case that the Standing Orders prevail over the statutory schemes and therefore they are entitled to serve till they attain the age of 60 years.

(3.) The two schemes had been placed before the Parliament before being notified as required under the provisions of Dock Workers (Regulation of Employment) Act. That Act provides for notification of schemes which are of statutory character by the Central Government to regulate the conditions of employment of Dock Workers. It also provides for constitution of Dock Labour Board on which representatives of Dock workers, the Government, the Employers of Dock workers as also shipping companies serve as members. The Chairman is the nominee of the Central Government. The scheme formulated is required to be placed before the Parliament which has been done. The two schemes are clearly statutory schemes. The schemes were formulated in consultation with the workers and their unions in 1986. Prior to this notification Harbour Employees Union had objected to the prescription of age of retirement as 58 years, but after discussion agreed to accept that age as the age of retirement. It has been stated in the counter affidavit filed for the Dock Labour Board that the scheme had been approved at a meeting of the Board on May 28, 1988 at which the representatives of the Unions participated. At that meeting it was resolved to enforce the implementation of the two schemes and to request the Government of India to notify the schemes. It is only thereafter the schemes were notified and came into effect from August 1, 1988.