Madras High Court
Chennai Port And Dock Workers ... vs Chennai Port Stevedores ... on 17 July, 2023
W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A.Nos.1413, 1414 of 2015 and120 of 2016 and W.P.No.4173 of 2016
and
C.M.P.Nos.1741/2016, WMP.Nos.3493 and 14256/2016
W.A.No.1413 of 2015
Chennai Port and Dock Workers Congress
Rep by its President,
A.Balaraman
G.R.Bhavan
No.87, Royapettah High Road,
Royapettah, Chennai- 600 014. .. Appellant
(Substituted the name vide order
of Court dated 24/01/2023 made in
C.M.P.No.205/2022 in W.A.No.1413
of 2015)
..vs..
1. Chennai Port Stevedores Association,
Rep by its President,
R.V.Umashankar,
No.3, Jaffer Syrang Street, 2nd Floor,
Chennai-600 001.
2. Union of India
Rep by its Secretary to Government
1/15
https://www.mhc.tn.gov.in/judis
W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
Ministry of Shipping,
Road Transport and Highways,
Department of Shipping,
Transport Bhavan,
Parliament Street, New Delhi-110 001.
3.The Chennai Port Trust,
Rep. by its Chairman,
Rajaji Salai,
Chennai-600 001.
4.Madras Harbour Workers Union,
Rep. by its General Secretary,
V.K.Balakrishnan,
No.42, Prakasam Salai,
Chennai- 600 104.
5. The Madras Port and Dock Employees Union (CITU)
55/26, Moore Street, Rep. by its General Secretary,
T.Narendra Rao, Chennai- 600 001. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order
dated 12.08.2015 passed by the learned Single Judge in W.P.No.4207 of 2010.
For Appellant Mr.S.Senthilnathan
For Respondents Mr.S.R.Raghunathan (R1)
Mr.T.V.Krishnamachari (R2)
Mr.R.Karthikeyan (R3)
W.A.No.1414 of 2015
Chennai Port and Dock Workers Congress
Rep by its President,
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
A.Balaraman
G.R.Bhavan
No.87, Royapettah High Road,
Royapettah, Chennai- 600 014. .. Appellant
(Substituted the name vide order
of Court dated 24/01/2023 made in
C.M.P.No.200/2022 in W.A.No.1414
of 2015)
..vs..
1. Union of India
Rep by its Secretary to Government
Ministry of Shipping,
Road Transport and Highways,
Department of Shipping,
Transport Bhavan,
Parliament Street, New Delhi-110 001.
2.The Chennai Port Trust,
Rep. by its Chairman,
Rajaji Salai,
Chennai-600 001.
3. The Presiding Officer,
National Industrial Tribunal,
No.20-B, Abdul Hameez Street,
Kolkatta-700 069. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order
dated 12.08.2015 passed by the learned Single Judge in W.P.No.8245 of 2010.
https://www.mhc.tn.gov.in/judis
W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
For Appellant Mr.S.Senthilnathan
For Respondents Mr.G.Rajagopalan
ASGC
Assisted by
Mr.R.Karthikeyan (R2)
W.A.No.120 of 2016
The Madras Port and Dock Employees Union (CITU)
Rep. by its General Secretary,
T.Narendra Rao,
No.55/26, Moore Street,
Chennai- 600 001. .. Appellant
..vs..
1. Chennai Port Stevedores Association,
Rep by its President Shri.R.V.Umashankar,
No.3, Jaffar Syrang Street, 2nd Floor,
Chennai-600 001.
2. Union of India
Rep by its Secretary to Government
Ministry of Shipping,
Road Transport and Highways,
Department of Shipping,
Transport Bhavan,
Parliament Street, New Delhi-110 001.
3.The Chennai Port Trust,
Rep. by its Chairman,
Rajaji Salai,
Chennai-600 001.
4.Madras Harbour Workers Union
Rep by its General Secretary V.K.Balakrishnan
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
No.42, Prakasam Salai,
Chennai- 600 104.
5. Chennai Port and Dock Workers Congress
Rep by its President
G.Kalan, G.R.Bhavan,
No.87, Royapettah High Road,
Royapettah, Chennai- 600 014. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order
dated 12.08.2015 passed by the learned Single Judge in W.P.No.4207 of 2010.
For Appellants : Mr.J.Perumalsamy
for Mr.S.Senthilnathan
For Respondents : Mr.S.K.Raghunathan (R1)
Mr.T.V.Krishnamachari (R2)
Mr.R.Karthikeyan (R3)
W.P.No.4173 of 2016
Chennai Port and Dock Workers Congress
Rep by its President, G.Kalan,
G.R.Bhavan,
No.87, Royapettah High Road,
Royapettah, Chennai-600 014 .. Petitioner
..vs..
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
1. The Union of India
Rep by its Secretary to Government
Ministry of Shipping,
Road Transport and Highways,
Department of Shipping,
Transport Bhavan,
Parliament Street, New Delhi-110 001.
2.The Chennai Port Trust,
Rep. by its Chairman,
Rajaji Salai,
Chennai-600 001. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for the
issuance of a Writ of Mandamus, directing the respondents herein to implement the
Settlement dated 10.01.2014 arrived at under Section 18 (1) of the Industrial Dispute
Act between the Management and the Unions in respect of implementation of the
manning scale and revised datum at Chennai Port Trust,within the stipulated time.
For Petitioner : Mr.S.Senthilnathan
For Respondents : Mr.J.Madhana Gopalarao (R1)
CGSC
Mr.R.Karthikeyan (R2)
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
COMMON JUDGMENT
(Judgment of the Court was delivered by S.VAIDYANATHAN,J.)
In view of interconnectivity of the issue involved, these three writ appeals and one
writ petition are considered and decided by this common judgment.
2 For the sake of convenience, the parties will be adverted to by their
respective names.
3 Before proceeding to delve into the issue, it would be useful to have a bird's
eye view of the cases before us.
3.1 Chennai Port Stevedores Association (for short “Stevedores Association”)
filed a writ petition being W.P. No.4207 of 2010 seeking a mandamus directing the
respondents to implement the award dated 19.04.2006 of the National Industrial
Tribunal, Kolkata (for short “the Tribunal”) insofar as it relates to the activities of the
members of the said Association. The said writ petition came to be allowed vide order
dated 12.08.2015.
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
3.2 Chennai Port and Dock Workers Congress (for short “the Congress”) filed
a writ petition being W.P.No.8245 of 2010 assailing the aforesaid award dated
19.04.2006, which came to be dismissed vide order dated 12.08.2015.
3.3 Challenging the allowing of W.P. No.4207 of 2010, while the Congress
filed W.A. No.1413 of 2015, the Madras Port and Dock Employees Union (CITU) (for
short “the CITU”) filed W.A. No.120 of 2016.
3.4 Likewise, as against the dismissal of W.P. No.8245 of 2010, the Congress
filed W.A. No.1414 of 2015.
3.5 These apart, one more writ petition being W.P. No.4173 of 2016 seeking a
direction to implement the settlement dated 10.01.2014 arrived at under Section 18(1) of
the Industrial Disputes Act, 1947, (in short “the Act”) came to be filed by the Congress,
which, was also directed to be listed along with the three writ appeals being W.A.
Nos.1413 of 2015, 1414 of 2015 and 120 of 2016. Accordingly, these four cases are
listed before this Bench.
4 The Central Government, in exercise of powers conferred under Section
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
10(1A) of the Act, by order dated 25.11.2003, referred the following issues to the
Tribunal for adjudication:
"(i) Whether deployment of workers for any task for
handling of cargo on board and on shore on board and shore on
the basis of gangs should be changed to the need-based system
depending on the nature of the job to be performed or the type of
cargo to be handled and; system of notional booking of workers
prevalent in some major ports should be discontinued. If so, what
should be the manning scales required for various port activities?
(ii) Whether the manning scales for similar types of
vessels/equipments should be uniform at all, ports. If so, whether
the norms should be fixed for all ports as per the lowest manning
scale in existence.
(iii) Whether for similar tasks, there should be uniform
manning scales. If so, whether the norms should be fixed on the
basis of the lowest manning level in existence in major ports."
5 The Tribunal passed an award in Ref.No.N.T.-01 of 2001 on 19.04.2006,
which was published in the Gazette on 03.06.2006 in terms of Section 17 and 17A of
the Act 1947 and the award had come into effect, on expiry of 30 days of its publication.
Thereafter, there was a wage settlement dated 25.10.2013 entered into under Section 12
(3) of the Act, before the Chief Labour Commissioner (Central) New Delhi with regard
to the Charter of Demands of Wage Structure and allied matters amongst the five major
federations representing the workers and the Management. The said settlement dated
25.10.2013 was subsequently modified by means of a Settlement dated 10.01.2014.
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
6 The contention of the Union is that by means of Settlements the Award
ceased to operate and the terms of the 18 (1) Settlement have to be adhered to.
7 Mr.S.R.Raghunathan, learned counsel appearing for the Stevedores
Association submitted that the aforesaid facts are not in dispute and on 10.12.2014, in
G.O.No.358, there was a Notification by the Tariff Authority for Major Ports which
disposes of the proposal received from the Chennai Port Trust for revision of the
Stevedoring and Cleaning and Forwarding Charges prescribed in its Scale of Rates. He
also submitted that in view of subsequent events and more particularly, after the
issuance of the order dated 17.09.2014, on the file of the Tariff Authority for Major
Ports, directions have been issued by this Court, which is reflected in paragraph 10 of
the Judgment dated 14.10.2014 in W.A.No.729 of 2014, which reads as under:
“(i) The TAMP is directed to consider and dispose of the
proposal submitted by Chennai Port Trust seeking revision of
tariff, in March, 2014, as expeditiously as possible and in case,
within a period of four weeks from the date of receipt of a copy of
this order.
(ii) The appellant, Chennai Port Trust and Madras Harbour
Workers Union should be given reasonable opportunity to submit
their response before passing orders by TAMP with regard to
revision of rates.
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
(iii) Those licensees named in the list submitted by the
Chennai Port Trust dated 14.10.2014 and interested to function
as stevedores pending determination of rates by TAMP are
directed to deposit 1/3 rd of the amount indicated in the said
statement, within a period of one week from today. The
steverdores are further directed to execute Indemnity Bond
agreeing to pay the remaining amount to the Chennai Port Trust.
(iv) All other issues raised by the appellant are left open to
be decided in the appropriate writ proceedings.”
8 According to Mr.Raghunathan, even the subsequent Settlement dated
10.01.2014, which was entered into between the parties to the Settlement, even though
the Congress is not a party to the Settlement dated 25.10.2013, more so clauses 41.2
and 41.3 of the Award of the Tribunal dated 19.04.2006 was altered with certain
conditions, however, it has been stated in Clause 15 of the Settlement dated 10.01.2014
that the Management and the Union will continue to extend support for implementation
of the Award of the Tribunal. Since much water has flown under the bridge, more so,
revision has taken place, the question of implementation of the Settlement at this distant
point of time may not arise.
9 Mr.R.Karthikeyan, learned Standing Counsel for the Chennai Port Trust
submitted that the datum and corresponding price-rate which were revised, which came
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
into effect pursuant to the Settlement entered into under Section 18 (1) of the Act, will
continue to remain in force with effect from 03.06.2014 and only the manning scale,
which was also part of the 18(1) Settlement dated 10.01.2014 had to be modified as per
award of the Tribunal and not the other components of the Settlement viz., datum and
piece-rate and therefore, the cargo handling workers continue to earn their revised piece
rate as per the Settlement for handling tonnage over and above the datum and hence, the
contention that the Settlement alone will have to be looked into may not be correct.
10 Heard all the parties. Perused the records.
11 The facts that the award of the Tribunal dated 19.04.2006 was modified by
means of Settlement dated 25.10.2013 entered into under Section .12(3) of the Act and
that there was a subsequent Settlement under Section 18(1) of the Act amongst the five
major federations representing the Port and Dock Workers operating in major Port
Trusts and Dock Labour Board and Management, in these matters, are not disputed.
The issue as to whether the Settlement has given a quietus, and subsequent notification
of the Tariff Authority on 10.12.2014 after the orders of this Court in W.A.No.729 of
2014, need not be gone into in the cases on hand. As the award of the Tribunal has been
modified periodically, the parties are bound by the subsequent Settlement dated
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
10.01.2014 under Section 18(1) of the Act. As for the benefits or depriving of certain
benefits relating to Award of the National Tribunal, it is for the parties to work out their
remedies.
In view of the above, nothing survives for adjudication in these Appeals and Writ
Petition and accordingly, all the four cases, viz., three writ appeals and one writ petition,
are closed, without expressing any opinion on the binding nature of the Notification
amongst the parties. In case of any grievance, the parties can work out their remedies in
the manner known to law, if so advised.
[S.V.N., J.,] [K.R.S., J]
17.07.2023
Index: Yes / No
Internet: Yes / No
arr
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W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
To
1. Chennai Port Stevedores Association,
Rep by its President,
R.V.Umashankar,
No.3, Jaffer Syrang Street, 2nd Floor,
Chennai-600 001.
2. Union of India
Rep by its Secretary to Government
Ministry of Shipping,
Road Transport and Highways,
Department of Shipping,
Transport Bhavan,
Parliament Street, New Delhi-110 001.
3.The Chennai Port Trust,
Rep. by its Chairman,
Rajaji Salai,
Chennai-600 001.
4.Madras Harbour Workers Union,
Rep. by its General Secretary,
V.K.Balakrishnan,
No.42, Prakasam Salai,
Chennai- 600 104.
5. The Madras Port and Dock Employees Union (CITU)
55/26, Moore Street, Rep. by its General Secretary,
T.Narendra Rao, Chennai- 600 001.
https://www.mhc.tn.gov.in/judis
W.A.Nos.1413,1414 of 2015 and 120 of 2016
and W.P.No.4173 of 2016
S. VAIDYANATHAN,J.,
and
K.RAJASEKAR,J
arr
W.A.Nos.1413, 1414 of 2015
and120 of 2016 and W.P.No.4173 of 2016
17.07.2023
https://www.mhc.tn.gov.in/judis
