CALCUTTA PORT SHARMIK UNION versus CALCUTTA RIVER TRANSPORT ASSOCIATION & ORS.

CALCUTTA PORT SHARMIK UNION versus CALCUTTA RIVER TRANSPORT ASSOCIATION & ORS.

Bargemen (Dandees and Majhis) are 'dock workers' as per the Act definition and entitled to wages and allowances recommended by the Wage Board; alternatively, they are entitled to those rates independently, based on fair wage criteria and employers' capacity.

Parties
Appellant: CALCUTTA PORT SHARMIK UNION; Respondents: CALCUTTA RIVER TRANSPORT ASSOCIATION & ORS.
Jurisdiction
India
Judgment Date
13 September 1988
Procedural Posture
Civil Appeal / Decision on Appeal From Calcutta High Court Judgments in F.m. Appeal Nos. 446 & 447 of 1978
Outcome
appeals allowed; award of National Tribunal restored
Legal Topics
Dock Workers, Definition of 'workmen', Wage Fixation, Jurisdiction of Tribunal, Industrial Disputes
Labour Law Industrial Law Dock Workers Definition of 'workmen' Wage Fixation Jurisdiction of Tribunal Industrial Disputes

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Parties

CALCUTTA PORT SHARMIK UNION

Appellant

CALCUTTA RIVER TRANSPORT ASSOCIATION & ORS.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal From Calcutta High Court Judgments in F.m. Appeal Nos. 446 & 447 of 1978

Legal Issues

  1. 1 Whether 'bargemen' (Dandees and Majhis) are included in definition of 'dock worker' under Dock Workers (Regulation of Employment) Act, 1948
  2. 2 Whether bargemen are entitled to wages and allowances recommended by Wage Board
  3. 3 Whether National Tribunal exceeded its jurisdiction in award

Ratio Decidendi

Bargemen (Dandees and Majhis) are 'dock workers' as per the Act definition and entitled to wages and allowances recommended by the Wage Board; alternatively, they are entitled to those rates independently, based on fair wage criteria and employers' capacity.

Court Disposition

appeals allowed; award of National Tribunal restored

Orders

  • Judgments of Single Judge and Division Bench of Calcutta High Court are set aside.
  • Award passed by National Tribunal reinstated and to be enforced.