SUSHANT T KARWARKAR Vs. MORMUGAO PORT TRUST

JUDGEMENT

(1.) The petitioner, in this petition filed in a representative capacity on behalf of himself and other 59 persons, as per list annexed, is spousing their cause to be appointed as gangworkers on compassionate grounds based on a resolution No. 1395 dated 2421998, of the Mormugao Dock labour Board (MDLB, for short) relevant portion of which reads as follows:" further resolved to appoint the dependants of the registered workers who were compulsorily removed from the services of the Board, on attaining the age of 45/50 years (to keep the board alive on account of surplus labour force in the year 1982) on the resultant vacancies of registered workers subject to fulfilment of required conditions of the Recruitment rules".

(2.) The petitioner/s are the sons of their fathers who on or about 1951982 were declared surplus and retired at premature age of 45/50 years as against the retirement age of 58 years, with all consequential retirement benefits.

(3.) The case of the petitioner/s is that the Chairman of the MDLB, had promised their fathers that their dependants would be appointed on compassionate grounds, at least one member of their family, as gangworkers/vinchman as and when the work load of the MDLB increased and in the light of the representations made from time to time the said MDLB had passed the said Resolution. There is no dispute that many of the petitioner/s on or about 1341998 were called for interviews to be appointed on compassionate grounds as gangworkers and indeed many of them underwent physical tests and interviews. They were called for the said interviews/tests on the assumption that as on 3151998 a number of gangworkers in the employment of the said MDLB were to retire and the said interviews were held with a view to fill in the anticipated vacancies. It is stated on behalf of the respondentm. P. T. that it has not been possible to trace from their records the select list then prepared by the Committee of the MDLB. There is no dispute that although many of the petitioner/s were called for the said interviews to be appointed as gangworkers on compassionate grounds none of them were appointed because the expected vacancies did not arise since by then the age of superannuation of gangworkers was extended from 58 to 60 years. The petitioner/s has filed the present petition after the respondent/m. P. T. advertised 100 vacancies on or about 1132000. The petitioner/s have sought the following reliefs:1. For a writ of mandamus or any other writ directing the respondents to change the recruitment rules so as to incorporate the resolution no. 1395 and thereby appoint the said petitioner/s. 2. For a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to give effect to the Resolution bearing no. 1395 and appoint the petitioner/s to 60 posts of gangworkers, out of 89 posts advertised in general category in terms of advertisement dated 1132000. 3. For a writ of certiorari or a writ/direction and order in the nature of certiorari quashing the second selection of the year 2000 and at the same time the writ of mandamus directing the respondents to restore and give effect to the selection list of april, 1998.