Allowed

Tuticorin Port Trust Democratic, v. Tuticorin Port Trust

Madras HC26 Feb 2024WP/10907/1998

Case brief

AI extract

What is this about?

In a writ petition filed in 1998, the Madras High Court, on remand from the Supreme Court, held that the departmental canteen was established by the Port Trust and under its pervasive control. The court declared canteen workers on the rolls as of September 27, 1998, to be regular employees and directed the trust to absorb them with benefits from the date of the order.

What did the court decide?

Directed the respondent to absorb the canteen workers who were on the rolls on the date of filing the Writ Petition (1998) as regular Port Trust employees with pay scales and benefits from the date of

Tuticorin Port Trust Democratic, Vs Tuticorin… — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.10907 of 1998

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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RESERVED ON PRONOUNCED ON 13.12.2023 26.02.2024

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CORAM:

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THE HON'BLE MR.JUSTICE K.KUMARESH BABU

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W.P.No.10907 of 1998

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Tuticorin Port Trust Democratic Staff Union, Affiliated to CITU, Represented by Secretary, P.Sampath, No.16, Masilamanipuram,

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IIIrd Street, Toothukudi – 628 008. … Petitioner

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Tuticorin Port Trust Tuticorin, Represented by its Chairman, Tuticorin – 4. … Respondent

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to absorb the Departmental Canteen Workers, Port of New Tuticorin with all consequential benefits including regular pay scales and other benefits with effect from and render justice.

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DATES	EVENTS
101773	Sanction was accorded for establishing a departmental canteen and also the Management Committee was appointed by the Chief Engineer and Administrator of the Port Trust.
111073	The Patron/Chief Engineer cum administrator has issued orders to inform all the officers and members of the regular and work charged staff of the project regarding the decision to establish a departmental canteen. Additionally, in the order, it has been stated that all employees are required to contribute a sum of Rs. 25/- or its equivalent on a recurring basis. Correspondingly, the order also emphasizes the timely repayment of any loans taken.
111973	The Chief Engineer and administrator have drafted a formal communication addressed to the District Collector, Tirunelveli, informing that a departmental Vegetarian Canteen will be ceremoniously inaugurated in the Harbour Project campus area on November 21st, 1973. Furthermore, the aforementioned correspondence highlights that the establishment of this canteen aligns with the recommendations of the pay commission, affirming the importance of providing such amenities as a welfare measure for workers and staff. The canteen is expected to serve a total of 750 individuals, including officers, staff,

	and workers. To effectively fulfill the dietary needs of these individuals through the departmental canteen,it is requested that two bags of sugar, two bags of sooji (Rava), and two bags of maida be supplied on a monthly basis.
112173	The circular has been issued by the Secretary regarding the inaugural ceremony of the departmental canteen, which is scheduled to take place at the canteen premises on November 21, 1973, at 6.00 P.M.
031374	In compliance with the official letter from the Ministry of Shipping & Transport, numbered 11-PGB(22)/73 and dated 31.1.1974, the Chief Engineer & Administrator of Tuticorin Harbour Port has issued an order to the Government of India. This order authorizes the withdrawal of a sum of Rs.5,000/- (Rupees Five Thousand only), which will be designated as an outright grant. The grant is to be paid to the Tuticorin Harbour Project Departmental Canteen.
110476	The District Collector of Tirunelveli has approved the monthly allocation of two bags of levy sugar for the departmental canteen associated with the Port. This approval is in response to a request made by the Chief Engineer and Administrator of the Port of New Tuticorin. The Collector of Tirunelveli has now requested the Tahsildar of Tuticorin to arrange for the necessary provision of the mentioned supply.The two bags of levy sugar are to be delivered to the Chief Engineer and Administrator at the Port of New Tuticorin located in Tuticorin-4. The delivery should be made at the prevailing rates for consumers.
123075	The Chief Engineer and Administrator of the Port of New Tuticorin, in their capacity as patron of the Departmental Canteen, has issued an Order nominating an officer of the port as director of the canteen. The Chief Engineer and

	which lasts for 3 months and costs Rs. 500. They have also included the syllabus for the Cookery Course, which lasts for 6 months and costs Rs. 271 per candidate. The Information Bulletin, which provides details about the courses offered at the institute, is also enclosed.
012077	Order issued by the chief engineer stating that the port canteen will be provided space in the administrative office buildings after construction. Due to limited floor area in the initial stage, it may not be possible to accommodate the canteen. The staff strength in the building is currently less than 1000. The canteen will be provided space in the final stage of construction. Ref: PNTC/76/dated 24.1.1976.
031377	In regards to the provision of the Godrej Store well steel cupboard to the canteen at Tuticorin Port Department, referring to the Quotation No. F-5/3291 dated 21.2.1977 a letter has been received from M/. S.R.S. Bros of Madurai, addressed to the Chief Engineer and Administrator of the Port of New Tuticorin, had confirmed their willingness to supply item No. 3 as stated in the quotation. The specific item is the Godrej Storewell Steel Cupboard Model U, with dimensions of 78 36 W x 19ND, including four adjustable shelves. The quoted price for this item is Rs. 681-12.
14. 17.05.1977	An official order has been issued by the Chief Engineer and Administrator of the Tuticorin Port Trust regarding the application of lead coating on the cooking vessels of the Tuticorin Port Departmental Canteen. This order is in response to the Assistant Commandant /CISF letter No.PR- 13099 PNT/77/78 dated 5-5 1977. It has been decided that

	arrangements will be made to apply lead coating on the 7 Brass Cooking Vessels.
052377	The Financial Advisor has issued an order to deposit a duplicate key of the Cash Chest in the Departmental Canteen of the Port of New Tuticorin. In accordance with your letter No.PMTC/77/21.5.77, the duplicate key No.62 of the cash chest in the departmental Canteen of the Port of New Tuticorin is being stored in the office of the Financial Adviser and Chief Accounts Officer for secure safekeeping.
072177	An official order has been issued by the Deputy Conservator to the Port Canteen, instructing them to provide coffee and tea to the employees working in the floating crafts at their workplace during their scheduled shift. The order highlights that the staff working in the Floating Crafts currently have to walk a long distance of almost 1 kilometer to the wharf canteen in order to have a cup of coffee. As a solution, it was suggested during a staff council meeting that the Departmental Canteen could supply coffee during the morning and evening working hours, without disrupting the productivity of the staff. Therefore, it is kindly requested that a thorough examination be conducted to evaluate the feasibility of supplying coffee from the departmental canteen to the staff members working in the floating crafts. Subsequently, please communicate the findings to the office.
080177	The Ministry of Shipping kindly requests the Secretary of the Port of New Tuticorin to provide a response to the Audit paras. Enclosed herewith is an extract of the audit inspection paragraph concerning the Departmental Canteen of the Port of New Tuticorin. The Secretary of the PNT Departmental Canteen is hereby requested to submit their reply to this office no later than August 8th, 2017 for further necessary action.

011178	The Ministry of Shipping has sent a letter informing the establishment of the Management Committee for the Port of New Tuticorin Departmental Canteen. This action is taken in accordance with the Government of India's decision regarding the recommendations of the High Power Committee on canteens. The Chief Engineer and Administrator of the Port of New Tuticorin have appointed the Management Committee for the departmental canteen, and a list of its members can be found on page 52.
061878	The President of the Port of New Tuticorin, in accordance with the powers vested in him, hereby issued an official Appointment Order appointing Mr. K. Paramasivam as a Counter Clerk Cum Salesman in the Port of New Tuticorin Departmental Canteen, on a temporary basis, effective immediately. Further affirmed that The salary for this position is Rs.80.00 in the scale of Rs.80-4-104-5 125-6- 125-EB-7-200. The appointee will also receive Dearness and other allowances as per government rates.
092980	Appointment Order issued by the President of the Port of New Tuticorin to P. Selvaraj as Counter Clerk Cum Salesman, with a specified salary and allowances as per government rates. Shri P. Selvaraj is appointed as Counter Clerk cum Salesman in the Port of New Tuticorin Departmental Canteen on a temporary basis at a pay of Rs. 80.00 in the scale of 80-11-100-5-125-6-155-7/2-200. The appointee is entitled to Dearness and other allowances as per government rates.
122282	The Tuticorin Port Trust has made an order to the Port Trust Canteen for the provision of high-quality food within the canteen premises.
081183	An official directive has been issued by the Chairman of Tuticorin Port Trust pertaining to several matters including the examination of financial records, resolution of

	captured the chairman’s attention. In order to mitigate this recurring expenditure, it is advisable to establish monthly arrangements or implement provisions for direct delivery to the Canteen. Additionally, the exorbitant charges for cooly services necessitate raising this matter during the management committee meeting to reach a resolution.
092083	The President of the Port Trust Canteen Management Committee has submitted their response to the Chairman's letter dated 16.08.1983, seeking clarifications.
052887	The Letter has been sent requesting the Management Committee to discuss the allocation of a new building at Additional Berth for the Tuticorin Port Canteen sent by the traffic manager of the Tuticorin port trust. The president of the canteen was inquired to meet with the Financial Adviser and chief Accounts Officer for further discussion on the matter.
053088	The Chairman of Tuticorin Port Trust has nominated Shri K Paramasivan, Assistant Manager, Canteen, as an additional member of the Canteen Management Committee. This nomination is in continuation of the previous office order dated 31.3.1988. Shri K Paramasivan will represent the employees of the canteens on the Executive Committee, starting immediately.
041690	The committee was reconstituted by the Chairman, Tuticorin Port Trust on 16.4.1990 as listed on Page N0. 68.
041092	The Chairman's records on the reformation of the Port Trust Canteens Management Committee, effective from April 1, 1992. Page No.69
120694	Copy of the 12(3) Settlement between the Federations of Employees and Major Ports and Dock Labour Boards, regarding wage revision from 01.01.1993 for 4 years.

	reconstitute the Canteen Management Committee for a duration of one year, until 31.03.2008. This reconstitution has been made in accordance with the provisions outlined in the constitution of the Tuticorin Port Canteen Management Committee.
010108	The document presents a comprehensive chart containing the names and detailed service information of the Tuticorin Port Trust Canteen Employees, as per the data recorded on January 1st, 2008. This version is devoid of any errors or inconsistencies.
082010	The agreement, referred to as the 18(1) settlement, was reached between the Chennai Port Trust Industrial Employees Co-operative Canteen and their employees. This deal pertains to the revision of wages and other terms and conditions of employment for a period of five years, spanning from 1st January 2007 to 31st December 2011.
022411	The Ministry of Shipping's official document authorizes the merger of Tuticorin Port Trust Cargo Handling Labour Pool (CHLP) with Tuticorin Port Trust. This approval also entails the establishment of 993 positions and the determination of responsibility for disbursing pension payments to 972 pensioners. Please provide a revised version of this text without any errors.
090611	This document contains the proceedings of the Chairman of Tuticorin Port Trust, reflecting his official pronouncement during the Independence Day festivities. The matters discussed include the enhancement of the Canteen facilities and the regularization of employment for six Non-Maintenance Roll (NMR) employees.
093011	The Chairman of the Tuticorin Board Trust has approved the regularization of services for 6 NMR workers at the Tuticorin Port Trust Canteen, including Time Scale of Pay and all other eligible allowances.
111911	The Tuticorin Port Trust Canteen Management Committee has proposed the regularizing of six NMR employees in the Canteen to the Chairman of the Tuticorin Trust Board. The approval of the Chairman of the Tuticorin Trust Board is necessary, and the endorsement has been made by the Chairman.

090313	The minutes of the meeting held on 30.08.2013 between 5 recognized unions, including the Petitioner Union and the Port Trust Management, have been documented. The meeting discussed various issues, including the demand made by the Petitioner Union to revise the pay scales of the Canteen Employees to match the payment given to regular employees of the Port. However, the Port management, citing the pending appeal before the Hon'ble Supreme Court and considering the matter as subjudice, declined to resolve the issue regarding the above demand permanently. Instead, they agreed to provide a temporary salary increase to the Canteen Employees.
022314	The agreement made between the Chennai Port Trust Industrial Employees Co-operative Canteen and their employees, concerning the revision of wages and other terms of employment for a duration of five years, starting from January 1, 2012, until December 31, 2016.
120418	Chennai Port Trust has issued an order to effectively implement the directives of the esteemed Supreme Court. The order entails the incorporation and designation of the personnel of Chennai Port Trust Employees Co-operative Canteen as direct employees of Chennai Port Trust. In accordance with the Order of the Honourable Supreme Court dated 04.10.2018 in RP Civil No.3101 of 2018 in Civil Appeal No.1381 of 2010 filed by Chennai Port Trust and in compliance with the Order of the Honourable High Court of Madras dated 24.08.2005 in WP No.6872 of 2001, the CHPTIECC Employees listed in the attached document are considered as direct employees of Chennai Port Trust. However, any additional benefits and concerns will be handled in accordance with the regulations and procedures of Chennai Port Trust.
051419	Order issued by The President of the Tuticorin Port Trust Canteen Management Committee to the Bank, stating that the two officers selected by the Chairman of the Tuticorin

	Port Trust will jointly serve as the Secretary and Treasurer of the Canteen Committee, and will therefore handle the Canteens SB Account with the Bank.
DATE NOT SPECIFIED	In a letter, the Secretary of the Tuticorin Port Trust Canteen requests information regarding the salary structure used by the Departmental Canteen operated by Heavy Water Plant in Tuticorin. The purpose of obtaining this information is to apply the same salary structure, as per the decision made by the Canteen Management Committee, to employees of the Tuticorin Port Trust Canteen, aligning it with the scales of pay available to Central Government Departmental Canteens.
092920	During the meeting of Tuticorin Port Trust Canteen, the General Secretary of the Petitioner Union expressed disagreement with certain members of the Canteen Management Committee who wanted to register the Canteen under the Societies Act. The General Secretary informed that the current system will remain in place until the writ petition is resolved by the Court.
100720	A printed document sourced from the Employees Provident Fund Organizations official website showcases the payment of Provident Fund contributions for September 2020 to the employees of Tuticorin Port Trust Canteen. The document identifies the canteen as the Departmental Canteen of Tuticorin Port Trust since 1998.
103120	This chart displays the names and service particulars of the individuals affiliated with Tuticorin Port Canteen who have passed away during their service, those who have retired from their service, and those who have passed away following their retirement within the period of 27th August 1998 to 31st October 2020, he retired, and those who passed away after retiring
110120	The enclosed chart presents the names and service details of employees currently employed at Tuticorin Port Canteen.
DATE NOT SPECIFIED	The provided chart illustrates the Subsidy/Grant provided

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