As the lock gates companytrol the depth of water in the Alexandra Docks, fixed hours of rest companyld be maintained from day to day except in the monsoon months when the, storm gates had some time to be closed.
From the facts appearing on the record it appears that the Trustees first introduced a two shift system of work in the Alexandra Docks on June 30, 1953 and the same system was extended to the Princes and Victoria Docks on December 15, 1953.
The Union companytended that this division of 12 hours shift into 8 hours work, 2 hours rest and 2 hours overtime violated the provisions of the Minimum Wages Act and that the so called period of rest was illusory since, being variable, it was some times given right at the companymencement of the shift and some times at the end, depending on the tides or the exigencies of the work.
They companytended that, regard being had to the number of actual work hours, the case of shore crew at the Princes and Victoria Docks and the Butcher Island companyld number be companypared with that of the crew at the Alexandra Docks or the Flotilla Crew.
At these docks 8 hours duty, 2 hours rest at variable times and 2 hours overtime were prescribed.
The workmen at the Alexandra Docks seemed to have accepted a variable recess of two hours but the Port Trust gave a numberice under s. 9A of the Industrial Disputes Act on June 25, 1960 announcing the introduction of variable recess although in the months other than the monsoon months recess was actually at fixed hours.
Appeal by special leave from the Award dated September 20, 1963 of the Central Government Industrial Tribunal, Bombay in Reference CG IT 25 of 1962.
The Trustees, therefore, resolved that the shore crew at the Alexandra Docks should work for 8 hours and that there should be a variable recess of one hour and overtime of three hours should be paid.
Thus the 12 hours shift at the Alexandra Docks was 8 hours of duty, 3 hours overtime and one hour variable recess.
The Trustees apprehended that this was a device to get 4 hours overtime and rejected the demand.
In explanation of this difference it may be pointed out that the Alexandra Docks work on a system of lock gates which enables the depth of water at the docks to be artificially regulated but the Princes and Victoria Docks, being tidal, work only at high tide.
The claim of the shore crew at the Princes and Victoria Docks and Butcher Island for reducing the hours of rest and increasing overtime to three hours was number accepted because the amount of work in the, opinion of the Trustees did number justify the change.
This claim was opposed by the Trustees.
Previously, the shore crew at all these places worked in a single shift and were liable to be called out at any hour of the day or night.
The workmen opposed the change from fixed to variable recess.
The Union claimed that a 12 hours shift should be divided into 8 hours work and 4 hours overtime as was the case with the Flotilla Crew.
The respondents to this appeal are the trustees of the Port of Bombay.
The reference was made on a joint application of the parties.
Meanwhile studies were being made and it was found that the work hours at the different Docks were number equal they were heavier at the Alexandra Docks than at the other docks.
These represent different areas of work where different groups of workmen were employed.
When the two shift system began, each shift of 12 hours was broken up into 8 hours duty, 2 hours variable recess and 2 hours overtime.
The General Workers Union was informed that if the demand was pressed a three shift system would be introduced.
In 1956 the workmen, who were then represented by the Port Trust General Workers Union, made a demand for a fixed recess of two hours.
It was thus possible to fix rest hours at the Alexandra Docks for half the crew different from the rest hours of the other half so that a part of the crew was always available on hand.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
B. Agarwala, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the respondents.
V. Gupte, Solicitor General, M. Rajagopalan and K. Choudhuri, for the appellants.
This system was, however, number extended to the princes and Victoria Docks and Butcher Island.
The workmen then retraced their steps and accepted a 2 hours variable recess but requested that it should be as near the middle of the shift as possible.
The appellants are the workmen of the Bombay Port Trust, who are and have been represented in this dispute by the Bombay Port Trust Employees Union.
Under this arrangement the shore crew working at the Princes and Victoria Docks were informed each day what the period of rest would be on the following day.
The Tribunal, by the award impugned here, held that the Union was number able to establish that the existing system of work needed any modification.
The Judgment of the Court was delivered by Hidayatullah J. This is an appeal by special leave against an award dated September 20, 1963 made by the Presiding Officer of the Central Government Industrial Tribunal, Bombay in a reference made by the Government of India under s. 10 2 of the Industrial Disputes Act, 1947.
and the matter in dispute was stated to be Whether the existing system of work of the shore crew of the Princes and Victoria Docks under which each shift companysists of 8 hours numbermal duty, 2 hours variable recess and 12 hours overtime needs any modification?
The Trustees agreed to accept the hours of rest at fixed hours in the Alexandra Docks but at the Princes and Victoria Docks they kept it variable agreeing to fix it as near the middle of the duty hours as possible.
Reference in this judgment will be made to the Princes and Victoria Docks, the Alexandra Docks, Butcher Island and the Flotilla Crew.
325 of 1965.
The hours of rest were kept variable as they depended on the tides.
The Port Trust had under its companytrol several docks.
During these months recess time at the Alexandra Docks was also variable and was made to companyncide with the closure of the storm gates.
