LAWS(MAD)-2026-1-15

CHAIRPERSON, CHENNAI PORT AUTHORITY Vs. V.MANOHARAN

Decided On January 07, 2026
Chairperson, Chennai Port Authority Appellant
V/S
V.MANOHARAN Respondents

JUDGEMENT

(1.) This is a petition under Sec. 34 of the Arbitration and Conciliation Act, 1996, at the instance of the Chennai Port Authority (formerly the 'Chennai Port Trust') assailing an award dtd. 14/6/2023 passed by the Sole Arbitrator.

(2.) An Arbitral Tribunal was constituted by the parties pursuant to the directions contained in an order dtd. 15/2/2018 passed by the Supreme Court in Civil Appeals 2114-2115 of 2018 Chairman, Cum Managing Director, Ennore Port Trust v V. Manoharan, reported in (2018) 3 SCC 612, to decide the claims of the workmen. The resultant award is now the subject matter of challenge under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for the sake of brevity, hereinafter referred to as 'the Act').

(3.) The challenge under Sec. 34 of the Act has arisen in the backdrop of the following facts: the Chennai Port Trust was handling various cargoes including iron ore. Since the handling of this dusty cargo led to spillages, the Port Trust engaged workers to clear the iron ore spillages. The engagement of spillage workers by the Port Authority commenced in the year 1981. Initially, 160 employees were engaged for clearing the spillages and this was reduced to 147 employees during the year 1990. Initially, these workers were employed through a contractor without a license and without registration under the Contract Labour (Regulation and Abolition) Act, 1970. Thereafter, the Port Trust directed the employees to form an Association and thus, this Association was named as 'Madras Port Spillages Handling Workers Association'. The arrangement was that the employees will get employed through the Association for the purpose of clearing the spillages.