IRKAR D 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 schemes 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 employers 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 workers by employers to whom the scheme does not apply.

(2.) Under the Dock Workers Act, a Dock Labour Board for a group of ports 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 machinary 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.