Board of Trustees, Port of Calcutta vs State of West Bengal

Debangsu Basak, J. - The Calcutta Port Trust authorities have assailed an order dated December 9, 2002 passed by the Principal Secretary, Labour Department rejecting a prayer for exemption made by the Calcutta Port Trust authorities from the operation of the provisions of the West Bengal Labour Welfare Fund Act, 1974.

It is contended on behalf of the Calcutta Port Trust authorities that, the authorities do not have any contract labour. All employees of the Calcutta Port Trust authorities are covered under the Calcutta Port Trust Employees Welfare Fund] Regulations, 1977. Since there are no employees in the Calcutta Port Trust, who do not come within the purview of the Calcutta Port Trust Employees (Welfare Fund) Regulations, 1977, therefore, the question of applying the provisions of the West Bengal Labour Welfare Fund Act, 1974 does not arise. In support of such contention, learned advocate for the Calcutta Port Trust authorities have relied upon a written instruction dated March 15, 2016 stating that the Calcutta Port Trust Authorities do not have any employee, who are not covered under the provisions of Calcutta Port Trust Employees� [Welfare Fund] Regulations, 1977.

The State authorities are represented. It is submitted on behalf of the State authorities that an employee engaged on contract basis as envisaged under the provisions of the Contract Labour [Regulations and Abolition] Act, 1970 would not within the purview of the Calcutta Port Trust Employees (Welfare Fund) Regulations, 1997. Such types of employees have to be dealt with under the West Bengal Labour Welfare Fund Act, 1974.

I have considered the rival contentions of the parties and the materials made available on record.

The application of the Calcutta Port Trust authorities for exemption from the operations of the West Bengal Labour Welfare Fund Act, 1974 was rejected by the impugned order dated December 9, 2002.

In rejecting such application the authorities have proceeded primarily on the basis that the persons, who come within the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 have not been provided for under the provisions of the Calcutta Port Trust Employees [Welfare Fund] Regulations, 1977.

In view of the categorical stand of the Calcutta Port Trust authorities that there are no such employees who would come within the provisions of the Contract Labour [Regulation and Abolition] Act, 1970, the impugned order is set aside. Since the employees of the Calcutta Port Trust authorities are covered by the provisions of Calcutta Port Trust Employees [Welfare Fund] Regulation, 1977, the Calcutta Port Trust authorities are exempted from the operations of the provisions of West Bengal Labour Welfare Fund Act, 1974.

It is, however, clarified that in the event any employee demonstrates before the appropriate authority that such employee/contract labour of Calcutta Port Trust is not covered under the Calcutta Port Trust Employees [Welfare Fund] Regulations, 1977, such employee will be suitably dealt with in accordance with the provisions of the West Bengal Labour Welfare Fund Act, 1974.

WP No.1316 of 2003 is disposed of accordingly.