CHAIRMAN CHENNAI PORT TRUST Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE Chennai Port Trust is the petitioner. The challenge is to the award of the Central government Industrial Tribunal-cum-Labour court, Chennai dated May 22, 2005 passed in i. D. No. 35/2003, The issue which came up for consideration before the first respondent-Tribunal by way of the order of the central Government, Ministry of Labour dated february 24, 2003 reads as under:

(2.) THE brief facts which are required to be set out are that originally the operation in the dock of Chennai Port Trust was said to have been handled by the Dock Labour Board. The dock Labour Board in turn was recognizing such labour through Stevedores and Clearing and Forwarding Agents. The operation and handling of such labour were originally covered by two schemes, known as Madras Dock workers (Regulation of Employment) Scheme, 1956, otherwise called as "registered Scheme" and the Madras Unregistered Dock Workers (Regulation of Employment) Scheme, 1957. Both the Schemes were framed under the purview of Dock Workers (Regulation of employment) Act, 1948. By virtue of the operation of the Schemes, there were two systems of workers, one by way of 'general pool workers' maintained by the Dock Labour board itself and the other called 'privately maintained pool workers' under settlement reached under Section 12 (3) of the Industrial disputes Act. Since the workers of the stevedores Association and Clearing and forwarding Agents were clamouring for employment by the Dock Labour Board, such a demand was considered by the Central government and a Scheme came into effect in the year 1988 known as Madras Unregistered dock General Pool Workers (Regulation of employment) Scheme, 1988. Under Clauses 16 to 22 of the said 1988 Scheme, the manner in which such general pool workers maintained by the Dock Labour Board and the pool of workers privately maintained by the Stevedores and clearing and Forwarding Agents was elaborately set out. Under the said 1988 scheme, 2 lists namely List 'a' and List 'b' came to be prepared and the benefit of the scheme was made applicable only to such of those persons whose names find a place in either List 'a' or List 'b' and none else. Subsequent to coming into force of 1988 scheme, there was yet another development, by which, the Dock Workers (Regulation of employment) (Inapplicability to Major Ports)Act, 1997 (Act 31 of 1997), came into being and by virtue of the said 1997 Act, the system of dock Labour Board itself was abolished. Subsequently, there was a settlement dated 25. 5. 2001, reached between various Unions representing the employees of Madras Dock labour Board with Chennai Port Trust under section 12 (3) of the Industrial Disputes Act, 1947. Under Clause 28 of the said settlement, the Management of Chennai Port Trust agreed to take nine left out employees of List 'a' and five other left out employees of List 'b' as the employees of Chennai Port Trust.

(3.) IT is in the above stated background, the second respondent herein raised the present industrial Dispute, which went before the first respondent-Tribunal for adjudication as I. D. No. 35/2003, wherein the terms of reference as extracted earlier came to be referred for consideration.