Sinha, J. - (1.) In this application there are nine petitioners. They are all registered Dock-workers under the Calcutta Dock-labour Board. The first respondent is the Calcutta Dock Labour Board, a Statutory Body constituted under Clause 4 of the Calcutta Dock Workers (Regulation of Employment) Scheme, 1956 which was framed by the Central Government, in exercise of the powers conferred by Sub-section, (1) of Section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (Act IX of 1948). The second respondent is the Chairman, Calcutta Dock Labour Board. The third respondent is the Deputy Chairman thereof. Under Sub-clause (4) of Clause 4 of the said scheme, the Chairman of the Board is nominated by the Central Government from among the members representing the Government, and the Deputy Chairman is appointed by the Central Government as a wholetime officer. The fourth respondent before me is the "Administrative Body", constituted under Clause 5 of the said scheme.
(2.) Under Sub-clause (2) of Clause 16 of the said Scheme, dock workers registered under the Scheme are classified as follows: (a) Deck-foreman (b) Hatchforeman (c) Winchman (d) Sirdar (e) Mate (f) Stevedore Mazdoor (g) Rigger (h) Tally Clerk The Stevedore Mazdoors are classified as senior and junior khamalias and senior and junior Rolias. It is admitted in the petition that each gang of registered dock workers consists of 9 workers as follows: (1) Sirdar (2) Mate (3) Khamali-I (4) Khamali-II (5) Khamali-III (6) Khamali-IV (7) Rolia-I (8) Rolia-II (9) Rolia-III Each registered dock worker in the reserve pool has got an identity card. In that card, there is a photograph on the left-hand side, of the Worker concerned, and on the right-hand side certain particulars are set out. There is, of course, the mention of his name. Then there is a description of his status, namely, whether he is a 'sirdar' or 'mate' etc. Then there is a number allotted, which is called the "Booking No." Then, there is a 'Gang No.' coupled with the serial No. of the workers in the said gang, Thus, if the gang No. is 208, the sirdar will be represented by the number 208/1. The mate will be represented by the number 208/2 and the last person in the gang, namely, Rolia-III will be represented by the number 208/9. I might mention here that the different positions in the gang not only denote the status, but also there is difference in wages and other emoluments.
(3.) Before I proceed to mention the exact dispute that has arisen in this case, I must refer back to the Scheme. Under Clause 4 of the Scheme, the Central Government shall by notification in the Official Gazette, constitute a Board to be called the "Calcutta Dock Labour Board" which shall, subject to the provisions contained in the Scheme, be responsible for the administration thereof. It is to consist of not less than 12 members, to be appointed by the Central Government, and shall include an equal number of members representing (i) the Central Government, (ii) the dock workers, and (iii) the employers of dock workers and shipping companies. Under Clause 5 of the said Scheme, the Central Government may, by notification in the Official Gazette, appoint a body consisting of suck employers of dock workers as the Central Government may nominate in' this behalf, to be the 'Administrative Body', for the purpose of carrying out the day-to-day administration of the Scheme. The Administrative Body shall, subject to the supervision and control of the Board and the Chairman, and subject to the provisions of Clauses 44 and 45 of the Scheme, carry on the day-to-day administration of the Scheme. The objects of the Scheme as set out in Clause 2, are to ensure greater regularity of employment for dock-workers and to secure that an adequate number of dock workers are available for the efficient performance of dock work. Under Clause 7 of the said Scheme, the Board may take such measures as it may consider desirable for furthering the objectives of the Scheme set out in Clause 2. The functions of the Administrative Body are set out in Clause 11. Without prejudice to the powers and functions of the Board, the Chairman and the Deputy Chairman, the Administrative Body shall be responsible for the administration of the Scheme and shall in particular be responsible for, amongst other things: "(b) Keeping, adjusting and maintaining from time to time such registers or records as may be necessary, of clock workers, including any registers or records of dock workers who are temporarily not available for dock work and whose absence has been approved by the Administrative Body and where circumstances so require, removing from any register or record the name of any registered dock worker either at his own request or in accordance with the provisions of the Scheme; (c) the employment and control of registered dock workers available for work when they are not otherwise employed in accordance with the Scheme; (e) the allocation of registered dock workers in the Reserve Pool who are available for work to registered employers and for this purpose the Administrative Body shall" - * * * * * (III) keep the record of Attendance at call stands or control points of registered dock workers" According to the provisions of the Scheme, when a worker attends and is booked for work, he gets his wage for the shift he actually works. When he attends and no work is found for him, he gets his attendance allowance. When work cannot be found for him for 21 days in a month, he gets his minimum guaranteed wages, provided he has attended on all days in the month. Under Clauses 31 and 32 of the Scheme, a worker is entitled to minimum guaranteed wages and attendance allowances provided he has attended for work on all days, in a month as directed by the Administrative Body. He gets his minimum guaranteed wages proportionate to the number of days on which he has attended for work, provided his attendance is excused for the remaining days of the month. The condition-precedent for the payment of minimum guaranteed wages and attendance allowance is that the worker should attend for work on all days of a month as directed by the Administrative Body except when his attendance is excused. For the purpose of ascertaining the attendance it is necessary to record attendance as required under Clause 43(2) of the Scheme, which runs as follows: "(2) The conditions subject to which a registered dock worker is entitled to the said payment (if any) from the Board are that -- (a) he attended as directed at the call stands or control points; and (b) his attendance was recorded.";