COMMISSIONERS FOR THE PORT OF CALCUTTA Vs. ASIT RANJAN MAJUMDER
HIGH COURT OF CALCUTTA
COMMISSIONERS FOR THE PORT OF CALCUTTA
ASIT RANJAN MAJUMDER
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P.B.Mukharji, J. -
(1.) These six appeals raise common questions of fact and law. It is agreed by Counsel in each of these appeals that one judgment should dispose them alt as has been done by the judgment under appeal, and that our judgment in Appeal No. 35 of 1961, between Asit Ranjan Majumdar and Calcutta Dock Labour Board and Commissioners for the Port of Calcutta will accordingly, do so.
(2.) The petitioner challenges Bye-law 4A, old and new of the Commissioners for the Port of Calcutta made under Section 126, the Calcutta Port Act, 1890. He also challenges Clause 15(1)(c) of the Scheme made under the Dock Workers' Regulation of Employment Act, 1943. In the petition he prayed for a Mandamus calling upon the appellant Dock Labour Board to register his name as a registered employer within the meaning of the Dock Workers Regulation of Employment Act, 1948 and the Scheme made thereunder in 1956. He also prayed for a Mandamus upon the Commissioners for the Port of Calcutta to forbear from giving effect to Bye-law No. 4A, and to permit him to carry on business as a Stevedore for the Port of Calcutta.
(3.) The learned Judge in making the Rule absolute ordered a writ of Mandamus only against the Calcutta DOCK Labour Board commanding it to deal with the application of the petitioner for registration as if Clause 15(1) (c) of the Calcutta Dock Workers Regulation of Employment Scheme, 1956 did not exist in the said Scheme and in accordance with the law. No Writ was issued against the Commissioners for the Port of Calcutta.;
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