PARADIP PORT TRUST Vs. WORKING PRESIDENT

JUDGEMENT

(1.) The Management of Paradip Port Trust has filed this writ petition assailing the award dated 6.2.2014 (Annexure-S) passed by learned Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar (for short 'CGIT') in LD. Case No. 19 of 2007 answering the reference in favour of opposite party, namely, Paradip DockTransport Workers Union (for short 'the Union') holding that 97 Standby workers are entitled to be placed in the Main List of Cargo Handling Workers having acquired a right to seek employment in the vacancies caused in the Main List of workers, prepared as per the provisions of Paradip Port Cargo Handling Workers (Regulation of Employment) Scheme, 1979, (for short Scheme, 1979'). it has also been held that they are entitled to the benefits as admissible to the Main List of workers with effect from 25.01.2005 and the Management of Paradip Port. Trust (for short 'the Management') has been directed to fill up the vacancies caused in the Main List as on 25.1.2005 'due to retirement, death or any other factors out of the existing workers of the Standby List in the light of the observations made and findings of Issue Nos. 1 and 2 in the impugned award.

(2.) The Management of Paradip Port Trust (for short, 'PPT') is a Major Port Trust under the Major Port Trust 1963 and the opposite party-Union is representing the cause of 97 Standby workers of Management.

(3.) In exercise of power conferred under Sec. 42 of the Major Port Trust Act, 1963 for regulating the Cargo Handling Operation, a Scheme called 'Paradip Cargo Handling Workers (Regulation of Employment) Scheme, 1979' (for short 'Scheme, 1979') was framed by the Government of India in Ministry of Shipping and Surface Transport, which a info force with effect from 16.2.1980. As per the provisions of the said Scheme, a list of workers was prepared which was called the 'Main List'. A Subsidiary/Standby list of rest of the workers was also prepared, who were to be employed in case the workers of the Main List were not sufficient or available for cargo handling work.