Trade Union petition seeking rights for legal representatives of deceased Dock Labour Board employees was dismissed for lack of material regarding the Act's enforcement.
Petition dismissed; Rule discharged; No order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 866 OF 1998
...
Transport and Dock Workers
Union & ors.
...Petitioner
v/s.
The Board of Trustees,
Mumbai Port Trust...Respondent
Mr.Susheel Mahadeshwar with Mr.Mahesh Londhe
i/b Sanjay Udeshi & Co. for the Petitioners.
Mr.R.S.Pai i/b Mulla & Mulla & CBC for the
Respondent.
...
CORAM: D.K.DESHMUKH, &
R.G.KETKAR, JJ
DATED: 31th August, 2009
P.C.:
1.The Petitioner-Trade Union by this
petition seeks to agitate rights of the
alleged legal representatives of the employee
of the Dock Labour Board, who expired before
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there was a settlement reached and absorption
of the employees of the Dock Labour Board in
the service of the Bombay Port Trust. The
Petitioner relies on the provisions of the
Dock Workers (Regulation of Employment)
(Inapplicability to Major Ports) Act, 1997.
But the learned Counsel appearing for the
Petitioner is not in a position to tell us
as to whether the Central Government has
issued any notification bringing the Act in
force. He is also not able to state what is
the �appointed day� within the meaning of
Section 2(a) of that Act. We do not find any
material on record to determine whether there
was any scheme in force for compassionate
appointment of the ward of the employees of
the Dock Labour Board who died while in
employment. No such scheme is on record. In
short, the material placed on record is not
capable of making out any case in favour of
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the Petitioner. Obviously, therefore, we
cannot make any order in favour of the
Petitioner. Petition, therefore, fails and is
dismissed. Rule discharged. No order as to
costs.
Transport and Dock Workers Union & ors.
The Board of Trustees, Mumbai Port Trust
D.K. Deshmukh
R.G. Ketkar
As recorded by the court registry
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