SESA GOA LIMITED Vs. MORMUGAO DOCK LABOUR BOARD

JUDGEMENT

(1.) THESE first appeals and the writ petitions were heard together as they involve common question of law and, therefore, they are being disposed of by this common judgement. To the extent there is a distinction or difference in factual aspects, those have been pointed out and highlighted by us. However, primarily, these two sets of matters involve the following questions which have been framed by us:

(2.) FIRST Appeal No.152 of 2001 is by the said Salgaonkar Bros who are original plaintiffs in Suit No.7 of 1985. They are aggrieved and dissatisfied by the judgement and decree of the learned Dist.Judge dated 7th July 2001 dismissing their suit. In this suit, the Board of Trustees of MPT is the original defendant No.1 whereas Union of India through Secretary, Ministry of Shipping and Surface Transport is the second defendant. The contesting defendant No.1 viz., the Board of Trustees of MPT presented a counter claim in Suit No.7 of 1985 which has been partly allowed and certain sums are permitted to be recovered in the light of the findings on the said counter claim. This judgement and decree dated 7th July 2001 in this suit and the counter claim is challenged in the First Appeal.

(3.) THE background in which the suit came to be instituted may now be stated: