D.N.SINHA, J. - (1.) THE facts in this case are shortly as follows: The petitioner carries on business under the name and style of Union Weighment Company in Calcutta. In 1948, a Central Act was passed called the Dock Workers (Regulation of Employment) Act, 1948 (Act 9 of 1948), which came into operation on 4 March 1948. This is an Act to provide for regulating the employment of dock workers. Under Section 4 of the said Act, the Government may, by notification in the official gazette and subject to the conditions of previous publication, make one or more schemes for a port or group of ports. In exercise of power conferred by Section 4, the Central Government framed a scheme for the Port of Calcutta called ' the Calcutta Unregistered Dock Workers (Regulation of Employment) Scheme, 1957.' It is stated in the said scheme that the object in promulgating the scheme is ' to regulate the employment of dock workers to whom this scheme applies.'
(2.) THE scheme applies to the dock workers of the classes specified in the schedule thereto and to the employers of such dock workers In the port of Calcutta, except certain classes of workers mentioned in Sub -clause. (2)(a), 2 (b) and 2 (c) of the said scheme. Workers engaged in any ciass or description of work carried out by the Commissioners for the port of Calcutta are excluded. The said scheme is administered by the Calcutta Dock Labour Board constituted under Clause 4 of the Calcutta Dock Workers (Regulation of Employment) Scheme, 1956. Under Clause 4 of the said scheme, the board may, with a view to regulating the employment of dock workers to whom the scheme applies, take such measures as it may consider desirable, including measures for keeping and maintaining a list of dock employers, entering or re -entering therein the name of any dock employer and where circumstances so require, removing from the list the name of any dock employer, either at his own request or in accordance with the provisions of the said scheme, as also keeping and maintaining from time to time a list of dock workers and removing from the list the name of a dock worker either at his own request or in accordance with the provisions of the said scheme. Clause 6A sets out the function of the admin -istrative body. The relevant provisions are as follows: 6A. Functions of the administrative body. -The administrative body shall be responsible for the administration of this scheme, under the control and supervision of the Chairman, and shall in particular be responsible for - (a) the allocation of the listed workers in the pools constituted under 01, 9B who are available for work, to the listed employers and for this purpose the administrative body shall - (i) be deemed to act as an agent for the listed employer; (ii) make the fullest possible use of the listed workers in each pool; (iii) provide for the maintenance of records of employment and earnings. Clause 8 deals with the listing of employers of dock workers. The provisions run as follows: 8. Listing of employers of dock workers. -(1) The board shall maintain a list of employers of dock workers to whom this scheme applies. (2) Every person, who is an employer of book workers to whom this scheme applies on the date of commencement of the scheme, and who applies to the board in this behalf on or before such date as may be fixed by the board for this purpose, shall be entitled to be listed under this scheme, (3) The board may, if it considers expedient and necessary to do so, list employers other than those covered by Sub -clause (2). (4) Omitted. (5) Where the board refused to list an employer, It shall communicate to the person concerned a copy of the order together with the reasons therefor. (6) The board may, subject to such conditions as it may prescribe in this behalf, permit persons listed under Sub -clause (3) to form one or more groups and each group so formed shall be treated as one employer only for employment of monthly workers:Provided that the board shall have power to make such alterations or modifications in the conditions prescribed, as it may deem necessary from time to time.
(3.) CLAUSE 9 deals with the listing of dock workers. It provides that any dock worker, who has been in the employment of an employer to whom the scheme applies and has worked under him for such number of days or shifts, during such period as may be prescribed by the board, shall be eligible for being listed subject to certain conditions stated therein. Under the scheme as framed originally, dock workers were classified into four categories, as mentioned in the schedule to the scheme. We are concerned only with two, namely, categories 2 and 3, who are described as follows: (2) Stitcher and bagger except those employed by contractors appointed by the Ministry of Food and Agriculture for clearance of Imported foodgrains. (3) Salt worker.;