E. C. BOSE & CO. LTD & ORS. Vs. CALCUTTA DCOK LABOUR BOARD & ANR.
LAWS(CAL)-1976-2-47
HIGH COURT OF CALCUTTA
Decided on February 27,1976

E. C. BOSE And CO. LTD And ORS. Appellant
VERSUS
CALCUTTA DCOK LABOUR BOARD And ANR. Respondents

JUDGEMENT

- (1.)In this application under Art. 226 of the Constitution of India the petitioners are praying for appropriate writs directed against a resolution of the Dock Labour Board dated the, 25th of July, 1974 whereby certain rates of levy were determined and the approval given thereto by the Central Government.
(2.)The case of the petitioner as made out in the petition is as follows:-
(a) The petitioners Nos. 1, 3, 5 and 7 are private limited companies, incorporated under or within the meaning of the Company's Act 1956. The petitioners Nos. 2, 4, 6 and 8 are shareholders and directors of the petitioners Nos. 1, 3, 5 and 7. The petitioners Nos. 1, 3, 5 and 7 have at all material times been and still are carrying on business as stevedores and steamer agents, inter alia, at the Port of Calcutta.

(b) Calcutta Dock Labour Board (hereinafter referred to as the said Board) is a body corporate constituted under the Dock Workers (Regulation of Employment) Act, 1948 (hereinafter referred to as the said Act). Under the said Act, schemes were framed from time to time for regulating the employment of Dock Workers. The Scheme with which we are concerned in the present case is the Calcutta Dock Workers (Regulation of Employment) scheme, 1970 (hereinafter referred to as the said scheme). Some of the clauses of the said scheme have been set cut in the petition which I shall refer to later.

(c) The petitioners Nos. 1, 3, 5 and 7 have at all material times been and still are duly registered employers within the meaning of and under the provisions of the said scheme. The petitioner No. 2 who is a Director and Secretary of the petitioner No. 1 has been and is a member of the said Board for over 10 years. In connection with their business as stevedores and steamer agents, the petitioners have been and are indenting large labour forces from the Board from time to time as and when required by the petitioners. The petitioners have been indenting from the Board workers registered under the said Scheme. The Board has been supplying to the petitioners' workers from amongst the registered monthly workers and also from the labour Pool of the Board. It is alleged that under the said Scheme the petitioners Nos. 1, 3, 5 and 7 have been and are required to pay to the Board both wages and levy in respect of pool labour indented by the said petitioners and supplied by the Board. In connection with the monthly workers indented by the said petitioners and supplied by the Board, the said petitioners have been and are required to pay wages and other emoluments and benefits to the workers direct and only the amounts of the levy to the Board. It was alleged that in connection with the employment of monthly workers in the aforesaid manner, the petitioners have been and are praying very large sums to the Board as levy in terms of the said Scheme. Such amounts of levy are paid by the said petitioners to the Board periodically as and when required by the Board. [ His Lordship then referred to clauses (d) to (k) and continued ]

(3.)On behalf of the Board an affidavit has been affirmed, wherein after setting out the object of the said Act and the relevant provisions of the scheme, it was stated, inter alia, as follows [ His Lordship stated certain facts and continued : ]
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