Approval required under the Dock Workers (Regulations) Act, 1948 cannot be inferred but must be express.

JUDGMENT :

Subrata Talukdar, J.

1. Under challenge in this appeal is the Judgement and Order dated 9th of September, 2022 passed by the Hon’ble Single Bench in the writ petition, being WPO 129 of 2020. The appellants are the Calcutta Dock Labour Board (hereinafter referred to for short as the Board or the said Board). The respondents in this appeal are the writ petitioners. The Union of India, Ministry of Shipping represented through the Secretary and the Joint Secretary, are the proforma respondents.

2. By the said impugned Order the Hon’ble Single Bench was pleased to consider and grant the prayer of the writ petitioners, who are the Section Officers/Inspectors/Accountants, for up-gradation from Grade-III to Grade-II officers of the Board by directing implementation of an Office Order dated 13th December, 2017. The Hon’ble Single Bench was pleased to, inter alia, notice that by the Office Order dated 13th December, 2017, the writ petitioners were eligible to be upgraded to Class-II status with effect from 26th August, 1996 with notional benefits.

3. The Office Order dated 13th December, 2017 was followed by a letter dated 14th December, 2017 of the Secretary of the Board addressed to the Under Secretary, Ministry of Shipping, Government of India intimating the fact that the existing posts of Section Officers/Inspectors/Accountants held by the writ petitioners were actually being upgraded from Class-III to Class-II status. Thereafter at a meeting of the Board dated 4th July, 2018, it was resolved that the approval of the Ministry of Shipping, Government of India be obtained for implementation of the Office Order dated 13th December, 2017.

4. Since no steps were taken to implement the Office Order dated 13th December, 2017 (supra), the instant writ application, being WPA 129 of 2020, came to be filed.

5. The Hon’ble Single Bench further noticed that by a reply dated 5th November, 2018, the Under Secretary to the Government of India wrote to the Chairman, Kolkata Port Trust, to examine the issue of upgradation and fix responsibility on Officers purportedly instrumental behind the wrongful up-gradation of the writ petitioners in terms of the Memo dated 13th December, 2017. The communication dated 5th November, 2018 was followed by further correspondence between the Government of India and the Board on the issue of up-gradation.

6. The Hon’ble Single Bench also noticed that the issue of up-gradation first surfaced in a resolution dated 21st February, 1990 of the Board seeking approval of the Central Government. It further transpires that by a communication dated 26th August, 1996 issued by the Desk Officer, Ministry of Surface Transportation, the Chairman of the Board was directed to consider the representation of the writ petitioners claiming up-gradation and take appropriate action with intimation to the Ministry. Thereafter, vide the Memo dated 13th December, 2017, the up-gradation was allowed with effect from 26th August, 1996, i.e. the date of the Ministry’s letter without any assurance on payment of arrears.

7. The Hon’ble Single Bench found that the letter of 13th December, 2017 was communicated to the Under Secretary of the Ministry on 14th December, 2017 wherein the issue of approval by the Central Government was not raised and, in terms of the earlier letter dated 26th August, 1996, the matter was only intimated to the Ministry. The Hon’ble Single Bench therefore found it ‘surprising’ that after the communication dated 23rd July, 2021 (supra), by a further resolution dated 4th July, 2018, the Board had sought approval from the Ministry connected to the Office Order dated 13th December, 2017.

8. The Hon’ble Single Bench found that there is no evidence on record to show that the Board required approval of the Ministry to upgrade the writ petitioners and/or the Ministry had restrained the Board at any time from implementing the up-gradation without its approval. The Hon’ble Single Bench therefore concluded that since the incumbents