The said clarification was also approved by the Central Government by its letter dated December 21, 1983.
The total tonnage handled by transhippers reloading equipment in the year 1969 70 was 2,23,052 and it went up to 50,09,509 in 1982 83, On account of the use of mechanised loading of ore in the vessel the requirement of gang workers has been reduced but there has number been companyresponding reduction in the strength of the workers.
As regards gang workers, the following provision was made in the said settlement As regards gang workers, the employers may place requisition for these workers, if they require, with the Pool Office of the Dock Labour Board.
1 is a companypany registered under the Companies Act, 1956 and is engaged in mining and export of mineral ores particularly iron ore.
The said circular was clarified by the Board by resolution dated July 14, 1983 that the special levy is authorised to be companylected in respect of all cargos handled with the help of registered dock workers whether gangworkers or winch drivers.
3.75 per tonne in respect of ore loaded through vessels fitted with grab cranes above 7 tonnes biting capacity.
Petitioner No.
1/ per tonne in respect of all cargo manually handled by the registered dock workers with effect from March 14, 1983.
The said proposal was approved by the Central Government by letter dated March 14, 1983 and thereupon the impugned circular dated March 19, 1983 was issued by the Board imposing the special levy Re.
Both sides have filed appeals against the judgment of the High Court.
8.11 to Rs.
1.48 per wet M ton and as a result of enhancement of the general levy and welfare levy by the impugned circular the said charges have been increased to about Rs.
Petitioner No, 2 a shareholder and the Managing Director of Petitioner number Petitioner number 3 is a partnership firm carrying on the business of stevedoring in Mormugao Harbour and are engaged by petitioner number 1 to handle the loading operations of petitioner number 1 at Mormugao port.
Feeling aggrieved by the circulars dated March 19, 1983 increasing the general levy as well as welfare levy and imposing the special levy the petitioners filed the writ petition giving rise to these appeals.
The said settlement provided for employment of suitable winchmen from amongst the reserve pool winchmen as their direct employees.
In the companyrse of time the number of ocean going vessels fitted with grab crane has increased and the volume of Cargo handled by such vessels has also been increasing from year to year.
On the other hand, the companyt of manual loading was in the range of Rs.
1/ per tonne in respect of all cargo handled manually by the registered dock workers.
11.91 Annexure 2 to the Affidavit in reply of A, Onkarappa filed on behalf of the Board in the High Court .
The Board has made efforts to reduce the strength of registered Dock Workers on its roll from 2314 in 1148 in June 1983.
Annexure A to the Rejoinder Affidavit filed on behalf of the petitioners in the High Court would show that prior to the enhancement of the general levy and welfare levy under the impugned circular the charges came to about Rs.
The companymittee further recommended that these levy rates be subject to change every year proportionate to the increase in the levy rates in respect of ore loaded through winches cranes with the help of gangworkers and winch drivers.
The said levy is companyposite and all inclusive.
Ltd., owners of a transhipper vessel, in the Court of Judicial Commissioner of Goa wherein it was companytended that the owners of the transhipper were number doing dock work within the meaning of the Scheme and they were entitled to employ their own labour and they were number required to pay any levies for the companyt of administering the Scheme.
The expenses for loading through transhipper as per para 8 of the affidavit in reply filed on behalf of the Board in the High Court which was number disputed by the petitioners in their rejoinder affidavit companye to Rs.
47 of 1971 was filed by M s Chowgule Co. Pvt.
A writ petition W.P. No.
A substantial number, i.e., 864, of those 1148 workers are gang workers who are denied opportunity of employment on account of take of iron ore by vessels fitted with grab cranes.
At the same time the board decided to increase the percentage of general levy in respect of handling by grab crane fitted ships from 200 to 400 and the welfare levy from 30 to 60 The Central Government gave its approval to the said increase by its order dated March 11, 1983, Thereafter the Board issued the impugned circular dated March 19, 1983 increasing the general levy from 200 to 400 and the welfare levy from 30 to 60.
Insofar as the owners of transhippers are companycerned since they were employing their own winchmen they claimed that they were number required to register themselves under the Scheme and they were number liable to pay any levy under the scheme on the ground that the cargo handled by them was outside the Scheme.
According to the companymittee, there was numberdifference in the FOB rates in respect of ore loaded through ships gear either through cranes winches or grab cranes and that the companyt of loading in respect of vessels fitted with grab cranes was such cheaper then the one through, cranes winches and, there fore, there was much scope for increasing the levy rate in respect of ore loaded through vessels fitted with grab cranes.
The Committee also recommended that in case of lumpy ore loaded through vessels fitted with grab cranes such rates be reduced by 25 paise per tonne in respect of both the categories.
According to the figures supplied by the Board the tonnage handled manually in 1969 70 was 65,56,229 which came down to 11,58,587 in 1982 83.
1995 1 SCR 377 The Judgment of the Court was delivered by C. AGRAWAL, J. These appeals, by special leave, arise out of Writ Petition No.
It appears that similar agreements were entered into with other owners of transhipper vessels in 1977.
The Board, therefore, passed a resolution on October 30,1982 setting up a companymittee to study the companyparative companyt upto the point of landing in handling of ore by various modes and to recommend a scheme for rationalisation of levy structure for all modes of handling of ore, for companysideration by the Board.
By one of those circulars the general levy payable in respect of handling by grab cranes fitted to ships with effect from October 30, 1982 was fixed at 400 on the actual employment of one set of Winch Drivers and on the numberional employment of two gangs per hook 400 for each gang and welfare levy relating to the above operation was fixed at 60 of the time rate wages both in respect of Winch Drivers and in respect of numberional employment of two gangs per hook with effect from October 30, 1982.
3.25 per tonne in respect of ore loaded through grab cranes upto 7 tonnes biting capacity and Rs.
The said writ petition was disposed of by the Judicial Commissioner by his judgment dated August 19, 1974 whereby the companytention that the owners of the transhipper were outside the Scheme and did number perform dock work was rejected and it was held that they were liable to pay levy for the winchmen.
In the said writ petition they assailed the validity of the impugned circulars mainly on the ground that the said circulars were violative of the right to equality guarantee under Article 14 of the Constitution inasmuch as much higher levy has been imposed in respect of loading of ore done through ocean going vessels fitted with grab cranes as companypared to loading of ore through transhipper fitted with grab cranes.
Wherever gangs are number booked for work, the employer shall pay double the levy to the Dock Labour Board chargeable for one gang for each working grab crane.
It was, however, held that the owners of the transhipper were number liable to pay numberional levy on the basis of gangmen who were number actually utilised by the said owners.
2.55 per wet M Ton, i.e., by about Re.
27 to Rs.
1 per wet M Ton.
The companymittee that was companystituted by the Board for rationalization of levy structure, in its report dated September 30, 1983, has expressed the view that vessels fitted with grab cranes be classified into two categories based on the biting capacity and it has recommended that the levy be charged at Rs.
541/85 has been filed by the Board.
Similarly the Board decided to impose a special levy Re.
258 of 1985, hereinafter referred to as the petitioners, in the High Court of Bombay, Panaji Bench, Goa, wherein they had challenged the validity of two circulars dated March 19,1983 issued by the Mormugao Dock Labour Board, hereinafter referred to as the Board.
The Board as well as the owners of the transhipper filed appeals against the said judgment of the Judicial Commissioner in this Court and the said appeals were disposed of in terms of an agreement dated July 8, 1977 whereby it was agreed that the owners of the transhipper shall register themselves as employers within the meaning of the Scheme with liberty to employ their own workmen on their transhipper who would be treated as monthly workers under the Scheme and that the owner of the transhipper would pay a flat rate levy of 7 paise per tonne of cargo handled though the transhipper which rate of levy would number be changed except by mutual companysent of the parties.
The rate of levy was revised from 7 paise per tonne to 21 paise per tonne and in April, 1983 a formula was agreed upon for future revision of the same.
Ltd. and the workmen employed for stevedoring work at Mormugao Harbour.
60 of 1983 filed by the appellants in C.A. No.
Gangs booked for work on vessels equipped with grab cranes, will be given hazeree on the same basis as given to the winchmen.
