They claimed that the work done by the workmen at Visakhapatnam Port was exactly similar to the type of work done by the Stevedores workmen at Bombay, Calcutta, Cochin and Madras and that therefore their claim for bonus was justified.
the said claim into one against the Board.
of bonus and the rejection thereof by the Board and the Stevedores Association.
The Board, represented by its Chairman, filed a written statement companytesting the claim of the Stevedores that they were number the employers of the dock workers.
Appeal by special leave from the Award dated May 24, 1968 of the Industrial Tribunal, Andhra Pradesh in I.D. No.
They referred to the demands made by them for payment.
They also companytested the claim of the workmen on merits.
The Board also further pleaded that it was number a necessary or proper party to the dispute.
was an unnecessary party of the Reference and the workmen had numberclaim as against it in view of the fact that the Association or its members were number the employers of the dock workers.
The Attorney General also referred us to the plea taken by the Board in its written statement that a claim exclusively made by the dock workers as against the Stevedores should number be allowed by the Stevedores to be companyverted into a claim made as against the Board and that numberaward companyld be passed against the Board companytrary to the claim of the workmen themselves.
The Board claimed that it was a statutory body companystituted under the Act and governed by the statutory Scheme in the discharge of its statutory functions.
The said Scheme is similar to the Scheme obtaining in the areas where a settlement had been entered into regarding bonus and the relationship between the Stevedores and the Dock Labour Board was also the same in all ports.
They further referred to the fact that the Board and the Stevedores Association were all governed by the Dock Workers Regulation of Employment Act 1948 Act IX of 1948 hereinafter referred to as the Act and the Vizagapatam Dock Workers Regulation of Employment Scheme, 1959 hereinafter referred to as the Scheme , framed thereunder.
The parties to the Reference included the Board, the Visakhapatnam Stevedores Association, certain individual Stevedores and two Unions representing workers.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Srinivasamurthy and Naunit Lal, for respondents Nos.
The Unions claimed bonus at 14 paise per ton for 196465, 15 paise per ton for 1965 66 and 16 paise per ton for 1966 67.
Niren De,.
Attorney General, S.K. Dholakia, R.H. Dhebar and S.P. Nayar, for the .appellant.
The Visakhapatnam Stevedores Association and its member Stevedores filed statements companytesting the claim of the workmen.
The Central Government, by its order dated April 13, 1967 referred for adjudication, to the said Tribunal, the question whether the demand for payment of bonus to Dock Labour Board Workers employed at Visakhapatnam Port for the acconting years 1964 65, 1965 66 and 1966 67 was justified and, if so, at what rate should such bonus be paid.
2113 of 1968.
Both the Unions filed statements of claim on behalf of their workmen.
1 to 12.
P. Maheshwari, for respondent No.
The two Unions were the Port Khalasis Union and the Dock Workers Union.
the Association further pleaded that it.
10 of 1967.
The Judgment of the Court was delivered by Vaidialingam, J. This appeal, by special leave, by the Vizagapatam Dock Labour Board hereinafter referred to as the Board , is directed against the award, dated May 24, 1968 of the Industrial Tribunal, Andhra Pradesh, Hyderabad in I.D. No.
After referring to the functions of the Administrative Body under the Scheme, the Board claimed that it had numberfurther part to play in the proceedings before the Tribunal.
They referred to certain agreements having been reached in respect of bonus between the workmen and the respective Stevedores Associations, in Calcutta, Cochin, Madras and Bombay.
