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 maximum dimension of vessels acceptable at NSD was 565 feet LoA x 80 feet beam, and for KPD it was 515 feet LoA x 70 feet beam. The said dimensions for both NSD and KPD also appeared in the Bore Tide Notifications for the years 2015, 2016 and 2017 issued on behalf of Harbour Master (Port). On June 1, 2018, the appellant No.3 herein the Director, Marine Department convened a meeting of officers where it was held that a trial operation for a period of six months is to be held to evaluate the prospect of admitting the vessels exceeding the permissible beam of 80 feet, but not exceeding 82 feet with a view to enhance its operational capability in the interest of trade.

5. On June 7, 2018 a “Technical Committee” was constituted at the initiative of the appellant No.3 the Director, Marine Department with the approval of appellant No.2, Chairman, Kolkata Port Trust and such increments were granted to the writ petitioners herein for the Dock Pilots to smoothly operate movement of vessels above 80 feet but below 82 feet. The Committee recorded agreement on trial operations being held for a period of six months to evaluate the prospect of admitting vessels exceeding the existing permissible beam width of 80 feet. After six days the Technical Committee sat for revising the operational parameters, both at NSD and KPD. By its report dated June 25, 2018, the Committee increased the beam width at NSD to 82 feet however; it did not increase the existing limit for KPD.

6. A trade notice was issued on July 10, 2018 communicating the decision of the appellant No.1. By reason of the said trade notice, container ships above 80 feet but below 82 feet beam length which were already coming on a regular basis till 2014 and on isolated basis between 2014 and 2018 stated coming to the Netaji Subhas Dock on a regular basis.

7. In the meantime, the appellant No.1 through appellant No.3 issued another circular granting incentive to officers of berthing services who would be willing to handle vessels up to 82 feet beam at NSD and up to 72 feet beam at KPD.

8. By notice dated May 24, 2019 the appellant took action against the respondent No. 6 herein the Assistant Dock Master on grounds of dereliction of duty and gross misconduct in accordance with the Kolkata Port Trust Employees’ (Conduct) Regulations 1987. But by an impugned order by the Learned Single Judge dated January 15, 2020 in W.P. No. 19 of 2020 the authorities were granted liberty to proceed with the disciplinary proceeding but not to pass any final order without obtaining leave of the Hon’ble Court.

9. Challenging the Trade Circular dated 10th July, 2018, Bore and Incentive Notice dated July 10, 2018, the writ petitioners filed a writ petition wherein the Learned Single Judge was pleased to refuse to pass any interim or