ANIL K.SEN,J. - (1.) These are the two appeals under Clause 15 of the Letters Patent directed against the judgment and order dated April 4, 1978, reported in 1978 L.I.C. 1416 (Cal.) passed by A.K. Mookerji, J., allowing the two writ petitions - -one by the Calcutta River Transport Assiciation and others and the other by Bengal River Transport Association and there by setting aside an award dated July 28, 1976, passed by Shri A.K. Moidu, Presiding Officer of the National Tribunal constituted by the Central Government under Section 7B of the Industrial Disputes Act, 1947, in a reference made by The said Government under Section 10(1A) of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act). As the two writ petitions were heard analogously and had been disposed of by orders based on a common judgment now under challenge in the present two appeals before us, we have heard them together and we would dispose them as such. For deciding the points at issue and for appreciating the real dispute between the parties it would be necessary to refer to certain facts and circumstances in details which are set out hereunder.
(2.) IN terms of the recommendations made in paragraph 26 Chapter XXVII of the Second 5 Year Plan Government of India set up a Wage Board for the Port and Dock workers at major ports on November 13, 1964 and made a reference to the said Board on the following terms namely, - (a) To determine the categories of employees (manual, clerical, supervisory, etc.), who should be brought within the scope of proposed wage fixation (excluding, however, the Class I and Class II officers.) (b) To work out a wage structure based on the principle of fair wages as set forth in the report of the Committee of Fair Wages. In making the reference the Central Government laid down a guideline as to how the fair wages are to be assessed and further directed the Board to submit its recommendations in respect of interim relief pending submission of the final report. On April 9, 1965, the Wage Board submitted its interim relief recommendations and therein prescribed that such recommendations, would apply to the undermentioned categories of employees connected with the port and dock workers at major ports, namely. A. Employees of Major Port Authorities. (1) All categories of employees employed by the authorities of major ports at Bombay, Calcutta, Cochin, Kandla, Madras and Vishakhapatnam covered by the report of the Committee for Classification and Categorisation for Class III and Class IV employees of major ports and equivalent categories in the port of Mormugao. (2) Any other categories of manual, clerical, supervisory, etc. employees who hold posts created subsequently or earlier by any of Major Port Authorities and who are not regarded as Class I and Class II Officers. (3) Shore employees of all categories employed by Major Port Authorities including A, B, C, and all other employees directly engaged by the Port Authorities on daily or other basis. B. Dock workers as defined under Dock Workers (Regulation of Employment) Act, 1948. (1) Employees covered under the schedules of the Dock Workers (Regulation of Employment) Scheme relating to the major ports of Bombay, Calcutta, Madras, Cochin and Vishakapatnam. (2) Employees covered by Unregistered Dock Workers (Regulation of Employment) Scheme at the ports of Bombay, Calcutta and Madras. (3) Similar categories of employees as covered under Item 1 at the ports of Kandla and Mormugao. (4) Similar categories of employees as covered under Item 2 at the port of Cochin, Vishakhapatnam, Kandla and Mormugao. (5) Similar categories of employees as in Items 1 and 2 at all major ports whether they are covered by the Schemes or not. C. The employees engaged by the dock labour boards and their administrative bodies. D. Employees engaged by listed employers. E. Employees of employers, other than port authorities, dock labour boards administrative bodies, listed employers and registered employers. (1) Ore employees at dumps or depots. (2) Employees engaged for handling cargoes in warehouses and transit sheds. (3) Crew of boats, lighters and barges wholly engaged in the docks and streams whose work is connected with loading and unloading of vessels and other processes of dock and port work. (4) Employees engaged in loading and unloading all cargoes (including tea chests) in the dock areas from river crafts, vessels boats, trucks, etc. (5) Persons mainly employed in a Dock as defined in para 2(3) of the Dock Workers (Safety, Health and Welfare) Scheme, 1961 made by the Central Government in exercise of powers conferred by Section 4(1) of Dock Workers (Regulation of Employment) Act, 1948.
(3.) ON November 29, 1969, the Wage Board submitted its final report. It would appear from the final report that the Wage Board was conscious of its difficulties because of the wide terms of reference made to it, in as much as the 'Board had not only to deal with labour belonging to the Port Trusts and Dock Labour Boards but also with a host of others who came within the purview of all embracing and very wide definition of dock workers under the Dock Workers (Regulation of Employment) Act, 1948, so much so, that all categories of workers connected with the ports and docks and working within their vicinity were required to be considered by the Board.' (Para 1.12). But the Wage Board was authorised under the terms of reference to determine the categories out of such workers or employees who should in the opinion of the Board be brought within the scope of the proposed wage fixation and that was done while making the interim recommendation referred to hereinbefore (Para 2.1).;