ROY CHOWDHURY Vs. CALCUTTA DOCK LABOUR BOARD

JUDGEMENT

(1.) DOCK labour is regulated by an Act known as the Dock Workers (Regulation of Employment; Act, 1948 (IX of 1948). Under Section 4 of the Act, The Central Government may, by notification in the official gazette and subject to the condition of previous publication, make one or more scheme for port or group of ports and may, in like manner and subject to the like condition, add to, amend, vary or revoke any scheme made by it.

(2.) UNDER powers conferred by Section 4 quoted above, there was a scheme made for the port of Calcutta, in the year 1951, which was known as the Calcutta Dock Workers (Regulation of Employment) Scheme, 1951. Clauses 4 and 10 of the scheme read as follows:

(3.) CLAUSE 4 of the scheme reconstituted the Calcutta Dock Labour Board and made the board responsible for the administration of the scheme. Clause 7 defines the functions of the board of which I need concern myself with the previsions of Clause 7(1)(d), which reads as follows: