usual numberreason for dismissal was given in the order.
If they only are companytinued on Roster off system, it would amount to unfair discrimination.
The Judgment of the Court was delivered by UNTWALIA, J. This appeal by certificate from the judgment and order of the Kerala High Court has been preferred by the workmen of the Cochin Port Trust.
Whether the demand of these employees is justified ?
Ex parte for respondent No.
Whether Grade II Supervisors and Markers Sorters Checkers should be given half days additional wages and another day off, for working on Sunday ?
From the Judgment and Order dated the 4th September, 1970 of the Kerala High Court in Original Petition No.
The employers have got the right to arrange and carry on their affairs in the best interests of the industry.
1/W is number on Roster off system why should Grade II supervisors Category No.
16 and Markers Sorters Checkers Category No.
Since in their case it is number so done, they are debarred of their half days extra wages and thus are unjustly discriminated.
The employers are the Board of Trustees of the Cochin Port Trust, respondent number 1 hereinafter to be referred to as the respondent .
The employers, thereafter, filed a Writ Petition in the Court on March 28, 1970.
While the stand taken on behalf of the workmen was that there would be number dislocation or stoppage of work even if the roster off system is discontinued because the two categories of workmen working on this system can always be booked for working on Sundays on terms made available to the similar kind of workmen in the other categories.
Oral and documentary evidence was adduced by the parties before the Tribunal.
An industrial dispute between the appellants and the respondent was referred by the Central Government to Central Government Industrial Tribunal No.
1902 of 1970.
The Tribunal formulated the points of decision in the following terms Whether Roster off system in respect of Grade II Supervisors and Markers Sorters Checkers should be discontinued ?
The findings of the Tribunal are If other Supervisory staff i.e. categories of workers 1 to 15 mentioned in Ex.
that is to say, these two categories of workmen are made to work on Sundays by rotation and get another day off in the week but they do number get extra wages for half a day as are given to the other fifteen categories.
If, however, some of them are asked to work on a Sunday, then they get a day off on any other day of the week and are paid half a days extra wages also.
Out of the seventeen categories of such junior executives, the first fifteen enumerated in the award from the statement of claim of the Union get Sunday off as a weekly holiday.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
451 of 1970 in this Court to challenge the award of the Tribunal but the same was dismissed on 18 3 1970 after perusal of the papers and hearing the companynsel.
17 be only on Roster off system.
The Tribunal gave an award in favour of the workmen but it has been set aside by the High Court on the application of the respondent filed under Article 226 of the Constitution of India.
462 of 1971.
Ram Kumar and P. K. Pillai for Intervener Cochin Port Porterage staff Assn.
2, respondent number 2.
According to the Union which represented the appellant workmen, the Traffic Department of the Port Trust is companyprised of and assisted by several categories of junior executives for the day to day performance of the shift work of the Cochin Port.
When the workmen out of the said categories are asked and made to work on a Sunday, they are given a day off on any other working day and are also paid extra half days wages.
On the raising of an industrial dispute, it Was referred to the Tribunal in the following terms Whether the demand for changing the roster off system to giving Sunday off as the weekly day of rest in respect of Gr.
S. Krishnamoorthy, N. Sudhakaran and Krishna Pillai for the Appellant.
B. Pai, O. C. Mathur, K. J. John and P. K. Kurian for Respondent No.
The stand taken on behalf of the employers was that if the roster off system was number companytinued the work in the Cochin Port of loading and unloading of cargo will get dislocated if number altogether stopped.
The employers had filed special leave petition No.
By putting certain categories of workmen on the roster off system, numberdiscrimination is shown to them.
On the other hand category xvi Labour Supervisors Grade II and category xvii Markers Sorters Checkers have been put on roster 97 4 off system.
