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1996 Supreme(Kar) 662

M.P.CHINNAPPA
SECRETARY, NEW MANGALORE PORT AND DOCK WORKERS UNION – Appellant
Versus
CENTRAL INDUSTRIAL TRIBUNAL – Respondent


M. P. CHINNAPPA, J, J.


( 1 ) THIS Writ Petition is filed questioning the order passed by the Central Industrial Tribunal rejecting the reference made by the Central Government to consider the question which reads:

"keeping in view the nature of the duties and responsibilities of the Assistant Marine Surveyors working in New Mangalore Port , Trust, Panambur, whether the action of the Management of new Mangalore Port Trust, Panambur, in fixing a less scale of Rs. 750-1251 to the Assistant marine Surveyor in New Managalore Port Trust is justified. If not, to what relief the concerned workmen are entitled?"

After considering the plea and also the evidence let in by the parties, the 1st respondent rejected the reference. Hence the petitioner filed this Writ Petition under Articles 226 and 227 of the constitution of India.

( 2 ) THE brief facts of the case are that the Mangalore Port was "started in 1963. in 1980 it came to be named as New Mangalore Port Trust. Subsequently Pay Commissioner hiked the pay in 1980 and wage revision was effected for 1982-83. Till wage revision came into being there were 17 categories of employees working in this port. Subsequent to the wage revision the said













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