- (1.) In this writ petition filed by the Staff Union of the Tuticorin Port Trust, the Union prays for a mandamus to direct the respondent to absorb the departmental Canteen Workers, Port of New Tuticorin with all consequential benefits including regular pay scales and other benefits.
(2.) According to the Union, the Canteen was established in the year 1973. After the Port Trust project was completed in the year 1976, the Canteen was recognised as the departmental Canteen of the Port. Initially, the Canteen was receiving 50% grant from the Central Government and the Canteen workers were also receiving Central Government pay scales. The Management of the Canteen was under the Port Trust Management Committee and the said Committee used to fix salary for workers from 1976. In 1979, the Minor port became merged with Major port. The workers of the Canteen were originally appointed on a temporary basis, and later made permanent. But, they were denied proper pay scale and other service benefits available to the other employees of the port trust. They were also entitled to be absorbed in the service of port trust. Though they have been agitating for their right for a long time, their demand had not been complied with, and hence they approached this Court.
(3.) In the counter affidavit filed by the respondent/Port Trust after stating the facts relating to the establishment of the Canteen, the respondent had contended that the Canteen was neither a departmental canteen nor a Co-operative Canteen. The Canteen is being run by the Management Committee separately. The Canteen is not administered or controlled by the Tuticorin Port Trust and it is the Canteen Management Committee, which makes appointments and takes disciplinary action against the Canteen workers. The contention that the Canteen workers were being paid Central Government pay scale was neither true nor correct. The Canteen workers are not included in the schedule of Staff of Port under Section 23 of the Major Port Trust Act, 1963. The service conditions of the petitioner are also not governed by the Port Regulations. The Canteen is an independent establishment and hence the demands of the petitioner for absorption into the Port Trust have been rightly rejected. It is further contended that the Canteen was not a part of the Port establishment. The employees were governed by a non pensionable service of the Canteen and entitled to the retirement benefits only in terms of the Provident Fund scheme as applicable to the private organisations.;