- (1.) The Calcutta Port Trust authorities have assailed an order dated December 9, 2002 passed by the Principal Secretary, Labour Department rejecting a prayer for exemption made by the Calcutta Port Trust authorities from the operation of the provisions of the West Bengal Labour Welfare Fund Act, 1974.
(2.) It is contended on behalf of the Calcutta Port Trust authorities that, the authorities do not have any contract labour. All employees of the Calcutta Port Trust authorities are covered under the Calcutta Port Trust Employees Welfare Fund] Regulations, 1977. Since there are no employees in the Calcutta Port Trust, who do not come within the purview of the Calcutta Port Trust Employees (Welfare Fund) Regulations, 1977, therefore, the question of applying the provisions of the West Bengal Labour Welfare Fund Act, 1974 does not arise. In support of such contention, learned advocate for the Calcutta Port Trust authorities have relied upon a written instruction dated March 15, 2016 stating that the Calcutta Port Trust Authorities do not have any employee, who are not covered under the provisions of Calcutta Port Trust Employees' [Welfare Fund] Regulations, 1977.
(3.) The State authorities are represented. It is submitted on behalf of the State authorities that an employee engaged on contract basis as envisaged under the provisions of the Contract Labour [Regulations and Abolition] Act, 1970 would not within the purview of the Calcutta Port Trust Employees (Welfare Fund) Regulations, 1997. Such types of employees have to be dealt with under the West Bengal Labour Welfare Welfare Fund Act, 1974.;