VISHVANATH PUTU CHIPKAR Vs. MORMUGAO PORT TRUST

JUDGEMENT

(1.) THE petitioners and respondents Nos. 3 to 6 are the employees of Mormugao Port Trust, the first respondent. Mormugao Port is a Major Port under the Major Port Trust Act, 1963. Under section 3 thereof the Central Government constitutes a Board of Trustees for that port consisting of a Chairman, a Deputy Chairman and not more than 19 persons.

(2.) THE petitioners were initially appointed as Clerks between the period 1964 to 1966 and promoted as Senior Clerks in 1972-1973. Respondents Nos. 3 and 4 were appointed as Clerks in the year 1979, respondent No. 5 in 1982 and respondent No. 6 in 1983 and subsequently promoted is Senior Clerks. The next promotion for a Senior Clerks is that of Accountant. According to the petitioners based on seniority and otherwise nothing adverse found, they are liable to be promoted as Accountants, as on 31st August, 1987, respondent Nos. 4 and 5 on 5th September, 1988 and respondent No. 6 ad-hoc basis on 28th October, 1988. It is now set out that respondents Nos. 3, 4, 5 and 6 though junior to the petitioners were promoted to the posts of Accountants out of turn they belong to Scheduled Caste/scheduled Tribe.

(3.) SECTION 28 of the Major Port Trusts Act, 1963, enables the Board of Trustees to make regulations not inconsistent with the Act to provide for appointment, promotion, suspension, removal and dismissal of its employees, matters relating to leave, leave allowances, pension, gratuity, terms and service conditions of the employees and other matters which are incidental to or necessary for the purposes of regulating the appointment and conditions of service of its employees. Section 126 thereof says that notwithstanding anything contained in the Act the first regulation under this Act shall be made by the Central Government and the same to have effect on being published in the Official Gazette. Section 125 empowers the Central Government when it considers necessary in public interest to do so, by order in writing, to direct the Board of Trustees to make any regulation for all or any of the matters specified in section 28 or to amend any regulation within such period as the Central Government may specify in that behalf.