IRKAR SHAHU Vs. BOMBAY PORT TRUST

JUDGEMENT

(1.) In 1948 the Dock Workers (Regulation of Employment) Act 1948 was enacted for regulating the employment of Dock Workers Under Section 2 (b) of this Act a dock worker is defined to mean a person employed or to be employed in or in the vicinity of any port on work in connection with the loading unloading movement or storage of cargoes or work in connection with the preparation of ships or other vessels for the receipt or discharge of cargoes or leaving port. Under section 2 (c) an employer in relation to a dock worker is defined to mean the person by whom he is employed or to be employed. Section 3 of this Act (hereinafter referred to as the Dock Workers Act) Provides for scheme to be framed for registration of dock workers and employers with a view to ensure greater regularity of employment and for regulating the employment of dock workers whether registered or not in a port. Under Section 3 (2) such a scheme may provide inter alia for the application of the scheme to such classes of dock workers and employer as may be specified therein. Under section 3 (2) (f) the scheme may also provide for prohibiting restricting or otherwise controlling the employment of dock workers to whom the scheme does not apply and the employment of dock worker by employers to whom the scheme does not apply.

(2.) Under the Dock Workers Act a Dock Labour Board for a port or a group of port can be established by the Central Government by Notification in the Official Gazette. Accordingly the Bombay Dock Labour Board has been established under the Dock Workers Act. It is necessary to note that the Dock Workers Act by itself does not give any protection to a dock worker It sets up a machinery for giving such protection through schemes which may be framed under the Dock Workers Act.

(3.) In 1956 the Bombay Dock Workers (Regulation of Employment) Scheme 1956 was framed by the Central Government under the Dock Workers Act.