- (1.) This Rule is directed against the proposal for compulsory retirement of several registered dock workers contained in the resolution dated the 29th July, 1976 of the Calcutta Dock Labour Board.
(2.) Five petitioners and the Dock Sramic Association, Calcutta, a registered Trade Union moved an application under Article 226 of the Constitution of India on 29th of November, 1976 praying for a Writ in the nature of Mandamus commanding the respondents to recall, rescind and revoke the impugned resolution dated 29th July, 1976 and obtained the above Rule. An interim order was granted restraining the respondents from making any order of compulsory retirement with respect to the petitioner Nos. 1 to 5 until further orders. Leave was also granted under Order 1 Rule 8 of the Civil Procedure Code. Subsequent to the filing of the said petition, several applications have been filed by several other dock workers for being added as petitioners to the main Rule. Thereafter, on the 22nd December, 1976 an application for amendment of the writ application was made by the petitioners challenging the resolution dated 5th October, 1976 and also the approval of the Central Government dated 22nd November, 1976 on basis of which the names of the petitioners have been removed from the relevant registers or records of the Board under the schemes. According to petitioners, those facts they came to know from the affidavit-in-opposition filled on behalf of the respondents. By consent of parties the proposed amendment was allowed.
(3.) There are about 12,000 registered dock workers under the Calcutta Dock Labour Board. The Petitioners are registered under the Calcutta Dock Workers (Regulation of Employment) Scheme 1970, the Calcutta Shipping and Painting Workers (Regulation of Employment) Scheme 1970 and the Calcutta Dock Clerical and Supervisor Workers (Regulation of Employment) Scheme 1970. The petitioners are the "Dock Workers" within the meaning of the Dock Workers (Regulation of Employment) Act, 1948. The said Act was enacted in the year 1948 to provide for regulating the employment of dock workers. Section 3 of the said Act contains provisions for making schemes for the registration of dock workers and employers with as view to ensuring greater regularity of employment and for regulating the employment of dock workers in a Port.Under the said statutory provisions, the Central Government has framed the aforesaid three schemes, which applied to different categories of dock workers mentioned in the respective schemes. It is stated by the petitioners in the petition that the said schemes do not contain any provision for de-registration of the dock workers. There is also no provision for compulsory retirement of registered dock workers. Normal age of retirement is 58 years. By a resolution No. 39 dated 29th July, 1976, the Board authorised its Chairman to take necessary steps to regulate the correct number of registered workers under the different schemes operated by the Board in accordance with the present trends of traffic to be handled. The Chairman was authorised to examine the said issue and determine the correct number of surplus workers and to cause their compulsory retirement by eliminating the older age group workers on certain terms and conditions. It was proposed that the present dock workers of the age of 50 years and above should be retired compulsorily. Such retired workers would be allowed in addition to normal retirement benefits, compensation as admissible under the Industrial Disputes Act, 1947. A minimum compensation, equivalent to two months wages, would be allowed irrespective of the total amount of compensation otherwise payable to the retired workers of different categories under the Industrial Disputes Act. Additional compensation in the shape of exgratia payment @ Rs. 150/- each for each year of service still left, should be paid to each retired worker. The total amount of compensation could in no case exceed the wages for the remaining period of service which a worker would have rendered if he continued upto the normal date of retirement. In the Board's meeting held on 5th October, 1976 the aforesaid proposal was adopted and thereafter. it was forwarded for approval of the Government of India. It is also stated in the petition that neither the Central Government nor the Board has any power under the said Act or the said Schemes to cause compulsory retirement of dock workers of any age group. A registered dock worker could not be retired before the attainment of superannuation as prescribed under the said Scheme nor could their names be removed form the Registers by the Board. Their services are terminable only in the manner prescribed in the said Scheme and in no other manner. Any other device to cause such termination is illegal, ultra vires and without jurisdiction.;