KESAB LAL BANERJEE Vs. CALCUTTA DOCK LABOUR BOARD

JUDGEMENT

(1.) THERE are two petitioners before me. Kesab Lal Bannerjee and Hiralal Bannerjee, Their father, Monilal Bannerjee, carried on business as a supplier of tally clerks to ships that call at the Port of Calcutta. He had been carrying on this business ever since 1918. After his death in. 1939, his business was continued by the petitioners who are two brothers under the firm name of 'M. L. Bannerjee and Sons'. As such, they have also been carrying on business as supplier of tally clerks to ships that call at the Port of Calcutta. The way that the business is carried on is that the petitioners employ a number of tally clerks, whom they supply to ships according to their requirements. In the year 1948, was enacted the 'Dock Workers (Regulation of Employment) Act, 1948' being Central Act IX of 1948. This Act was promulgated to provide for regulating the employment of dock workers. The Act contemplates the drawing up of a scheme for the registration of dock workers, with a view to ensuring greater regularity of employment and for regulating the employment of dock workers, whether registered or not, in a Port. In exercise of the powers conferred by the Act, the Central Government in or about October, 1951, framed a Scheme called the 'Calcutta Dock Workers (Regulation of Employment) Scheme 1951.' This Scheme was intended to apply to the Port of Calcutta and to classes or description of dock work and workers set out in the Schedule annexed thereto. This Scheme was subsequently replaced by another Scheme called the 'Calcutta Dock Workers (Regulation of Employment) Scheme 1956.' This is the Scheme now in operation. Before I proceed further it will be necessaryto consider some of the provisions of the Act and the two Schemes hereinbefore mentioned. Clause (b) of Section 2 of the said Act defines a 'dock worker' to be a person employed or to be employed in or in the vicinity of, any port, or work in connection with the loading, unloading, movement or storage of cargoes, or work in connection with the preparation of ships and other vessels for the receipt or discharge of cargoes or leaving port. Clause (c) defines the word 'employer' as follows : '(c) 'employer', in relation to a dock worker means a person by whom he is employed or to be employed as aforesaid;' Section 5 of the Act provides for the constitution of an Advisory Committee consisting of an equal number of members representing Government, dock workers, and the employers of dock workers. Coming now to the Scheme of 1951, we find that under Clause 4 has been established a Board tailed the 'Calcutta Dock Labour Board', which is a body responsible for the administration of the scheme. The Board was to consist of 12 members, to be appointed by the Central Government, and was to include an equal number of members representing Government, dock workers and employers of dock workers and shipping companies. Clause 3 contains certain definitions. The following definitions are important:

(2.) CLAUSE 10 speaks about the maintenance of registers. There appears to be two classes of registers, one the employers' register and the second is the workers' register. Its corresponding ckuse in the 1956 Scheme which is of great importance in this application will be dealt with under that scheme.

(3.) CLAUSE 16 of the Scheme deals with the classification of workers in registers. In this Scheme, instead of the word 'clerk' we have the words 'tally clerk'.