NARASINGH ROUTH Vs. CALCUTTA DOCK LABOUR BOARD

JUDGEMENT

(1.) In this application there are nine petitioners. They are all registered Dock-workers under the Calcutta Dock-labour Board. The first respondent is the Calcutta Dock Labour Board, a Statutory Body constituted under Clause 4 of the Calcutta Dock Workers (Regulation of Employment) Scheme, 1956 which was framed by the Central Government, in exercise of the powers conferred by Sub-section, (1) of Section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (Act IX of 1948). The second respondent is the Chairman, Calcutta Dock Labour Board. The third respondent is the Deputy Chairman thereof. Under Sub-clause (4) of Clause 4 of the said scheme, the Chairman of the Board is nominated by the Central Government from among the members representing the Government, and the Deputy Chairman is appointed by the Central Government as a wholetime officer. The fourth respondent before me is the "Administrative Body", constituted under Clause 5 of the said scheme.

(2.) Under Sub-clause (2) of Clause 16 of the said Scheme, dock workers registered under the Scheme are classified as follows:

(3.) Before I proceed to mention the exact dispute that has arisen in this case, I must refer back to the Scheme. Under Clause 4 of the Scheme, the Central Government shall by notification in the Official Gazette, constitute a Board to be called the "Calcutta Dock Labour Board" which shall, subject to the provisions contained in the Scheme, be responsible for the administration thereof. It is to consist of not less than 12 members, to be appointed by the Central Government, and shall include an equal number of members representing (i) the Central Government, (ii) the dock workers, and (iii) the employers of dock workers and shipping companies. Under Clause 5 of the said Scheme, the Central Government may, by notification in the Official Gazette, appoint a body consisting of suck employers of dock workers as the Central Government may nominate in' this behalf, to be the 'Administrative Body', for the purpose of carrying out the day-to-day administration of the Scheme. The Administrative Body shall, subject to the supervision and control of the Board and the Chairman, and subject to the provisions of Clauses 44 and 45 of the Scheme, carry on the day-to-day administration of the Scheme. The objects of the Scheme as set out in Clause 2, are to ensure greater regularity of employment for dock-workers and to secure that an adequate number of dock workers are available for the efficient performance of dock work. Under Clause 7 of the said Scheme, the Board may take such measures as it may consider desirable for furthering the objectives of the Scheme set out in Clause 2. The functions of the Administrative Body are set out in Clause 11. Without prejudice to the powers and functions of the Board, the Chairman and the Deputy Chairman, the Administrative Body shall be responsible for the administration of the Scheme and shall in particular be responsible for, amongst other things: