Sachi Konta Hazari, J. - (1.) This is an application under Article 226 of the Constitution of India, inter alia, praying for an order. "(a) A declaration that the provisions of Regulation 8 of the Calcutta Port Trust (Licensing of Stevedores) Regulations, 1987 is ultra vires the Constitution of India and thus Illegal, invalid and void; (b) A writ of and/or order and/or direction in the nature of Mandamus commanding and directing the respondents and each of them, their servants and/or agents to forthwith withdraw, revoke, recall and/or cancel the said impugned order passed by the respondent No. 2 being Annexure "E" hereof and to refrain from giving effect thereto or from taking any steps in terms (hereof or (hereunder and to not in accordance with law ; (c) A writ of and/or order and/or direction in the nature of Certiorari directing the respondents and each of them, their servants and/or agents to forthwith transmit and/or certify the records relating to the said impugned order being Annexure "B" hereof and of all purported proceedings initiated and/or steps taken on the basis thereof or thereunder so that the same may be quashed and/or set aside end conscionable justice might be rendered. (d) A writ of and/or order and/of direction in the nature of Prohibition prohibiting the respondents from giving effect to or further effect to or taking any step or further steps in terms of or pursuant to the said impugned order passed by the respondent No. 2, being Annexure "E" hereof; (e) An appropriate writ, order or direction do issue for production of ail relevant records and for protection of all the rights us the petitioner and for granting the petitioners such relief as in the circumstances of the case shall be just and proper ; (f) Injunction restraining the respondents from giving effect to or further effect to or taking any steps or further step in terms of or pursuant to the said impugned order parsed by toe respondent No. 2 being Annexure "E" hereof till the disposal of this application."
(2.) The petitioner No. 1's case is the the petitioner No. 1 carries on business of Stevedore, inter alia, at the Port of Calcutta since 1851. The said company has branches all over the country. Toe further case of the petitioners are that the loading and discharge of cargo to and from vessels in e Port of Calcutta are done through combined operation of Stevedores and the Calcutta Pori Trust. The weakers suddenly went on wild cat strike on and from 23rd October, 1992, which has completely stalled all work at the Calcutta Port since 23rd October, 1992.
(3.) On 22nd October, 1992, vessel "M.V. EAGLE BREEZE" arrived at the Port of Calcutta carrying about 400 containers and the petitioner compony was engaged for doing stevedoring work. On 23rd October, 1992 when the representatives of the petitions went to submit a requisition for booking of registered workers working in the 2nd and 3rd shifts on 23rd October, 1992 on the said vessel M.V. EAGLE BREEZE, they were prevented by the workers and their association from entering the Call Stand where bookings are taken and made. However, ultimately, the petitioner succeeded in booking the regained employees/ workers for the 3rd shift on 23rd October, 1992 end lit shift on 24tb October, 1992. The Chief Clerk or the Senior Supervisor was not available in view of the strike and in view of that and inspite of the best efforts and desire the petitioners were unable to carry out the stevedoring work on the vessel M.V. EAGLE BREEZE. The further case of the petitioners is that no other Stevedores was able to carry out any stevedoring work at the Calcutta Port since that 2nd shift on 23rd October, 1992. On 24ib October, 1992 at about 2 A.M. The petitioner was entitled to receive a notice dated 23rd October, 1992. The said notice was replied to by the petitioners letter dated 24th October, 1992 and the reply was handed over by Sri A.K. Seo, an employee of the petitioner-company to the respondent No. 4 personally ai 3.30 P.M.;