- (1.) This batch of appeals raises a question of law regarding the interpretation to be put upon clause 20(5) of Calcutta Dock Workers (Regulation and Employment) Scheme 1970 (hereinafter referred to as the Scheme) and the related provisions contained in the Schedules to the Scheme, as also the legality and validity of Resolution No. 74 dated 30th September, 1992 issued by the Calcutta Dock Labour Board (C.D.L.B) amending substantially Resolution No. 50 dt. 29th September, 1983. The learned Single Judge vide his Judgment dated 3rd May, 1996 has, while allowing the Writ Petitions filed by the Respondents set aside and quashed Resolution No. 74 dated 30th September, 1992. Vide this Judgment the learned Single Judge also quashed and set aside the bills raised by the C.D.L.B. against the Respondents for payment of the amounts to the appellant-Board on the basis of the aforesaid Circular dated 23rd November, 1992 and Resolution No. 74 dated 30th September, 1992. The operative part of the Judgment of the learned Single Judge reads as under :- "The resolution passed by the Board dated 30th September, 1992 and Circular passed by the Board dated 23rd November, 1992 stand quashed and set aside and all bills raised by the Board on the basis of the said Resolution which are subject matter of this Proceeding stand quashed and set aside." There will be no order as to costs."
(2.) It is against the aforesaid Judgment in a batch of Writ Applications filed by the Stevedores and Stevedoring Associations that the present appeals under Clause 15 of the Letters Patent have been filed by the C.D.L.B. and others.
(3.) C.D.L.B. is a creation of the Dock Workers (Regulation of Employment) Act, 1984 (Act for short). It is under Section 5A of the Act that the Government has the powers to establish a Dock Labour Board for a Port or a group of Ports. It is under these provisions that C.D.L.B. was constituted by the Central Government. The functions of the Board as defined under Section 5B of the Act inter alia include its responsibility for administering the Scheme, as made under the Act for the Port or the group of Ports. Section 3 of the Act read with Section 4 gives the power to the Central Government to frame Scheme for a Port or a group of Ports and to amend, vary or revoke such Scheme. Such power includes the power to make provision in the Scheme for the registration of Dock Workers and Employers with a view to ensuring greater regularity of employment and for regulating the employment of Dock Workers, whether registered or not in a Port. It is in the exercise of the aforesaid powers that the Scheme was formulated by the Central Government.;