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2022 Supreme(Cal) 1425

PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Kolkata Port Trust – Appellant
Versus
Prabir Kumar Dhali – Respondent


Advocates Appeared:
For the Appellants : Mr. Tilak Kumar Bose, Mr. Ashok Kumar Jena.
For the Respondents: Mr. Sabyasachi Chaudhury, Mr. Saptarshi Banerjee, Mr. Satadru Lahiri, Mr. Mainak Ganguly.

JUDGMENT :

(Rajarshi Bharadwaj, J.) :

1. By this appeal, the correctness of the judgement of the learned Single Judge dated 07.04.2021 passed in W.P.A. No 15632 of 2019 (Sri Prabir Kumar Dhali and others-versus-Kolkata Port Trust and others) has been questioned by the appellants/respondent Nos. 1 to 3 of the writ petition.

2. The facts of the case are that the appellant No. 1, the Kolkata Port Trust (KoPT), is a statutory body constituted under the Major Port Trust Act 1963. The appellant No. 1 controls and manages the affairs of the Ports in Kolkata which comprises of the Kolkata Dock System and the Haldia Dock Complex. In the Kolkata Dock System, there are three docks, namely the Netaji Subhash Dock (hereinafter referred to as “NSD”), the Kidderpore Dock (hereinafter referred to as “KPD”) and the Petroleum Wharves at Budge-Budge.

3. The respondents’ No. 1-8/writ petitioners herein are the Berthing Masters (Dock Pilots) and Assistant Dock Masters who operate the vessel once it crosses the lock gate as per the codified Duties of the Officers and Employees and take ships in and out through lock gates.

4. The Harbour Master (Port) issued a Circular being No 8/2014 indicating that the

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