RUPENDRA SWAIN Vs. CALCUTTA DOCK LABOUR BOARD

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution against an order of the authority under the Payment of Wages Act whereby the said authority dismissed the application of the employee. The Petitioner is the employee. In his petition he claimed to be a person employed in an industrial establishment, viz., Calcutta Dock Labour Board, and it was further stated that the Calcutta Dock Labour Board was the person responsible for the payment of wages under Sec. 3 of that Act. His claim was that a sum of Rs. 20 was unlawfully deducted from his wages for the wage period which ended on December 31, 1960. He claimed compensation to the extent of Rs. 200. The Dock Labour Board filed its objection. According to that Board it was not a factory nor a notified establishment within the meaning of the Payment of Wages Act. It was stated that while under the employment of M/s. B.G. Bose & Company, Stevedores, the applicant sustained injuries, and during his absence on injury he was given advances of a total sum of Rs. 570 out of which the applicant was entitled to Rs. 213.75 P. as compensation for the disabilities caused to him; the balance amount advanced by the Board was liable to be recovered by the Board and for recovering the same it deducted a sum of Rs. 20 out of his monthly wages of Rs. 135. The documents filed in the case are evidence of the allegations made. The question arose before the authority concurred as to whether the Calcutta Dock Labour Board was an industrial establishment and the person responsible for the payment of wages under Sec. 3.

(2.) On behalf of the Petitioner employee it has been urged by Mr. Basu that the Dock Labour Board is the employer because Rule 36(2) of the Scheme for Calcutta Dock Workers Regulations of employment provides that "a registered dock worker in the Reserve Pool who is available for work shall be deemed to be in the employment of the Board." I have also been referred to Rule 32 which shows that the Dock Labour Board would pay a worker under the Reserve Pool register, particular sums. Rule 34 refers to disbursement of money. Rule 35 refers to holidays. Rule 41 refers to wages, allowances and conditions. Rule 43 refers to payment in respect of employment or under -employment. Rule 45 refers to disciplinary procedure. Rule 46 refers to special disciplinary powers of the Chairman. Rule 47 refers to termination of employment. Rule 48 refers to appeals by workers. It is urged on behalf of the Petitioner that if the Petitioner is a registered dock worker about which there is no doubt and if he be deemed to be in the employment of the Board and if there be so many conditions relating to his condition of service between himself and the Board there cannot but be a relationship of employer and employee for the purpose of the Payment of Wages Act.

(3.) On behalf of the Dock Labour Board I have been referred to the Scheme of the Calcutta Dock Labour Board. Rule 7, Clause (b) refers to the functions of the Board and functions of the Board include regulating recruitment and entry into and discharge from the Scheme of dock workers for the allocation of registered dock workers in the Reserve Pool to registered employers. Clause (h) refers to levying, recovering from registered employers contributions in respect of the expenses of the Scheme. Under the Scheme there is an administrative body and Rule 11 refers to the functions of the administrative body. Rule 11, Sub -rule (b) provides for keeping, destroying, maintaining from time to time such records as may be necessary. Clause 11(f) is important for our purpose, and this clause provides that the administrative body shall in particular be responsible for the payment as agent of the registered employer to each daily worker of all earnings properly due to the worker from the employer and the payment to such workers of all moneys payable by the Board to those workers in accordance with the provisions of the Scheme.