PARADEEP PORT TRUST Vs. PARADEEP PORT AND DOCK MAZDOOR UNION
SUPREME COURT OF INDIA (FROM: ORISSA)
PARADEEP PORT TRUST
PARADEEP PORT AND DOCK MAZDOOR UNION
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K. Jagannatha Shetty, J. -
(1.)Special leave granted.
(2.)On 10 September 1985, the Chief Minister of Orissa convened a meeting of the President of the Mazdoor Union, Chairman Paradeep Post Trust, Regional Labour Commissioner and other High officials of the State Government in which the following consensus was reached.
"Regarding the points at (2) and (6) in para 2 above, Chief Minister indicated that the question of listing all the unlisted workers is linked with the decision regarding the optimum work force. A decision on the Datum is a pre-requisite before a decision is taken on the optimum work force. It was found that at one stage of C and F workers and the C and E agents had both agreed to refer the question of fixing a Datum to the arbitration by C.L.C. but the C.L.C. had expressed his inability to take up the arbitration on this issue on a communication issued to the Union. It was decided that the Chairman, P.P.T., would take up the matter with the C.L.C. and request him to take up arbitration on this point expeditiously so that the question of Datum is settled once for all. Therefore, a Committee may be appointed to go into the question of fixing the unlisted workers finalised. "
(3.)Paradeep Port and Dock Mazdoor Union filed Writ Petn. No. O.J.C. No. 2539 of 1985 in the High -Court of Orissa seeking a direction to the Chairman of the Port Trust to implement the aforesaid decision. During the course of hearing, the parties seemed to have agreed that the dispute in question could be referred to a Committee under the Chairmanship of the Paradeep Port Trust Chairman. On 19 Sept., 1986, the High Court disposed of the writ petition with the following directions
"(i) A Committee under the Chairmanship of the Chairman, Paradeep Port Trust shall go into the question of settling the datum, ascertaining the optimum work force and determining the number of unlisted workers to be brought to the listed category. It would be open to the Chairman to take assistance of any other officer of the Port Trust if he feels the necessity for it."
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