{"id":8093,"date":"2011-08-02T00:00:00","date_gmt":"2011-08-01T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/whether-reporters-of-local-papers-vs-mr-sr-brahmbhatt-for-on-2-august-2011"},"modified":"2018-07-08T12:59:10","modified_gmt":"2018-07-08T07:29:10","slug":"whether-reporters-of-local-papers-vs-mr-sr-brahmbhatt-for-on-2-august-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/whether-reporters-of-local-papers-vs-mr-sr-brahmbhatt-for-on-2-august-2011","title":{"rendered":"Whether Reporters Of Local Papers &#8230; vs Mr Sr Brahmbhatt For on 2 August, 2011"},"content":{"rendered":"<div class=\"docsource_main\">Gujarat High Court<\/div>\n<div class=\"doc_title\">Whether Reporters Of Local Papers &#8230; vs Mr Sr Brahmbhatt For on 2 August, 2011<\/div>\n<div class=\"doc_author\">Author: Kundan Singh,<\/div>\n<pre>     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD\n\n\n\n     SPECIAL CIVIL APPLICATION No 5948 of 1991\n\n\n\n\n     For Approval and Signature:\n\n\n\n              Hon'ble MR.JUSTICE KUNDAN SINGH\n\n\n     ============================================================\n<\/pre>\n<p>    1. Whether Reporters of Local Papers may be allowed      : NO<br \/>\n       to see the judgements?\n<\/p>\n<p>    2. To be referred to the Reporter or not?                  : NO<\/p>\n<p>    3. Whether Their Lordships     wish to see the fair copy   : NO<br \/>\n       of the judgement?\n<\/p>\n<p>    4. Whether this case involves a substantial question       : NO<br \/>\n       of law as to the interpretation of the Constitution<br \/>\n       of India, 1950 of any Order made thereunder?\n<\/p>\n<p>    5. Whether   it is to be circulated to the Civil Judge?    : NO<\/p>\n<p>     &#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;\n<\/p>\n<p>     KARAMCHAND T SHAHDADPURI<br \/>\nVersus<br \/>\n     KANDLA PORT TRUST\n<\/p>\n<p>     &#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<br \/>\n     Appearance:\n<\/p>\n<p><span class=\"hidden_text\">          MR KETAN A DAVE for Petitioner No. 1<\/span><\/p>\n<p>          MR SR BRAHMBHATT for Respondent<\/p>\n<p>     &#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;\n<\/p>\n<p>              CORAM : MR.JUSTICE KUNDAN SINGH<\/p>\n<p>     Date of decision: 11\/01\/2002<\/p>\n<p>ORAL JUDGEMENT<br \/>\n     By means of this petition, the petitioner has<br \/>\n     challenged vires of Regulation 4 (b) of the Kandla Port<br \/>\n     Employees&#8217; (Retirement) Regulation, 1978      read   with<br \/>\n     Regulation 3 (e) and Annexure-A of the Regulations framed<br \/>\n by the Board of the Trustees in exercise of power<br \/>\nconferred u\/s 28 of the Major Port Trusts Act, 1963 as<br \/>\nillegal and ultra virus and for a direction that all the<br \/>\nemployees who are workmen as defined in the Industrial<br \/>\nDisputes Act, 1947 and artisans as defined in Fundamental<br \/>\nRules. 56 (o) &#8211; Note, or who belongs to category similar<br \/>\nto those enumerated in Schedule-A, including the category<br \/>\nof Pump Driver-cum-Mechanic are entitled to continue in<br \/>\nservice, subject to superannuation upon attainment of<br \/>\nsixty years of age and for quashing and setting aside the<br \/>\norder dated 3\/4-1-1990 in respect of entry no. 8 made in<br \/>\nthe letter regarding the date of retirement as 31-8-1991<br \/>\nand for a direction to the Post Trust to allow the<br \/>\npetitioner to continue in service upto 31-8-1993 and that<br \/>\nthe petitioner would retire at the age of 60 years.\n<\/p>\n<p>2.The petitioner was initially appointed as a Pump<br \/>\nDriver in September, 1957 and thereafter he was promoted<br \/>\nto the post of Driver-cum-Mechanic by the order dated<br \/>\n17-3-1973. In the year 1977, the petitioner was promoted<br \/>\nas Chargeman (Water Supply) and then he was reverted as<br \/>\nPump Driver-cum-Mechanic with effect from 17-3-1986. In<br \/>\nthe year 1986, the Water Supply Work in respect of<br \/>\nGandhidham\/Adipur area of Kandla Port was transferred to<br \/>\nGujarat Water Supply and Sewerage Board, and surplus<br \/>\nstaff of Water Supply Section of Kandla Port Trust was<br \/>\nposted\/accommodated in other sections\/posts in Kandla<br \/>\nPort Trust.    The petitioner was given option to be<br \/>\naccommodated in other section under this Kandla Port<br \/>\nTrust.   The petitioner opted and he was posted as Pump<br \/>\nDriver-cum-Mechanic by the order dated 17-3-1986. In the<br \/>\nyear 1978, Kandla Port Employees (Retirement) Regulations<br \/>\n1978 was framed and constituted and those Regulations<br \/>\nafter approval from the Central Government came into<br \/>\nforce on 7-9-1978.    Relevant Regulation of the said<br \/>\nRegulation, reads as under :\n<\/p>\n<p> 4.   Age of Retirement :\n<\/p>\n<p> (a) Except as   otherwise provided in these<br \/>\n                 regulations, every employee of the Board<br \/>\n                 shall   retire from    service  on   the<br \/>\n                 afternoon of the last day of month in<br \/>\n                 which he attains the age of fifty-eight<br \/>\n                 years.\n<\/p>\n<p> (b) An   employee who is a workman and who<br \/>\n                 entered the Board&#8217;s service before 11th<br \/>\n                 April, 1974, shall retire from service on<br \/>\n                 the afternoon of the last day of the<br \/>\n                 month in which he attains the age of 60<br \/>\n                   years.\n<\/p>\n<p>(c) An     employee in Class &#8211; IV service of<br \/>\n                  post, who was in the service of the Board<br \/>\n                  before 11th April, 1974, shall retire<br \/>\n                  from service on the afternoon of the last<br \/>\n                  day of the month in which he attains the<br \/>\n                  age of 60 years.\n<\/p>\n<p>(d) An employee to whom Sub-Regulation 4(a)<br \/>\n               applies   but    who is not a Head of<br \/>\n               Department may be granted extension of<br \/>\n               service after he attained the age of 58<br \/>\n               years with the Sanction of Chairman if<br \/>\n such extension is in public interest and<br \/>\n               the grounds thereof are recorded       in<br \/>\n               writing.   In the case of a Head of the<br \/>\n               Department, the power to grant       such<br \/>\n               extension of service shall be exercisable<br \/>\n               by    the     Central  Government   after<br \/>\n               consultation with the Chairman.        No<br \/>\n               extension under this Sub-Regulation shall<br \/>\n               be granted beyond the age of 60 years in<br \/>\n               very special circumstances.\n<\/p>\n<p>Explanation :    A person appointed to Class IV<br \/>\n       post before 11-4-1974 on his appointment after<br \/>\n       11-4-1974 to another Class IV post or to any<br \/>\n       category of post included in the list of workman<br \/>\n       at Annexure-A, shall retire at the age of 60<br \/>\n       years.   If he is appointed to a Class III<br \/>\n       category which is not one of the categories in<br \/>\n       the list of workmen at Annexure-An he shall<br \/>\n       retire at the age of 58 years.&#8221;\n<\/p>\n<p>It   is    stated that the category of Pump Driver<br \/>\n          (Diesel) appears in the said Schedule at Sr.   57.<br \/>\n          However, the Pump Driver-cum-Mechanic is       not<br \/>\n          included in the said Schedule.\n<\/p>\n<p>3.The workman has been defined under clause 3 (e)<br \/>\nof the Kandla Port Employees (Retirement) Regulations<br \/>\n1978 and as per that clause &#8220;workman&#8221; means an employee<br \/>\nof one of the categories shown in Annexure-A to those<br \/>\nregulations.   Category of Pump&#8211;Driver (Diesel) appears<br \/>\nin the said Schedule at Sr. No. 57.    Mechanic appears<br \/>\nin the said schedule at Sr. No. 6. However, Cadre of<br \/>\nhowever, Pump Driver&#8211;Mechanic is not included in the<br \/>\nsaid Schedule.    The employees who are workmen in the<br \/>\ncategories included in the Annexure-A of the aforesaid<br \/>\n Regulations, are entitled to work upto the age of 60<br \/>\nyears. While the employees who are not included list of<br \/>\nemployees are required to retire upon attaining the age<br \/>\nof 58    years.     As    the    petitioner    is    Pump<br \/>\nDriver-cum-Mechanic is not included in the Annexure-A,<br \/>\nthe authority concerned directed the petitioner to retire<br \/>\nat the superannuation age of 58 years and accordingly he<br \/>\nwas retired     on 31-8-1991.    The petitioner made a<br \/>\nrepresentation to the Kandla Port Trust authority to<br \/>\npermit him to work upto the age of 60 years. The<br \/>\nrepresentation made by the petitioner was turned down by<br \/>\nthe respondent authority vide letter dated 13-5-1991. It<br \/>\nis also stated that several categories higher in pay<br \/>\nscale have been included in the Annexure-A to the<br \/>\nSchedule    of the Regulations while the petitioner&#8217;s<br \/>\ncategory Pump Driver-cum-Mechanic has not been included<br \/>\nin the Schedule of the aforesaid Regulations.         The<br \/>\nChargeman (Mechanical) and Chargeman (Electrical) are<br \/>\nincluded in the Schedule. The petitioner&#8217;s category is<br \/>\nlower than the aforesaid category of chargeman.       The<br \/>\ncategory of mechanic is also included in the schedule<br \/>\ndefining workman. The category of Pump Driver (Diesel)<br \/>\nwhich is equivalent to category of Pump Drivers (without<br \/>\nthe qualifying word &#8216;Diesel&#8217;), is also included in the<br \/>\nschedule. The petitioner&#8217;s work which combines in itself<br \/>\nthe functions of Pump Driver and Mechanic but pump driver<br \/>\ncum mechanic is not included in the said Schedule. It is<br \/>\nalso stated that there is no justification for treating<br \/>\nPump Driver-cum-Mechanic differently in the matter of<br \/>\nretirement age as compared to Pump Drivers simpliciter,<br \/>\nMechanic simpliciter Chargeman of different Branches and<br \/>\nseveral other categories.\n<\/p>\n<p>4.This petition has been filed on the ground that<br \/>\nRegulation 48 of the Kandla Port        Trust   Employees<br \/>\n(Retirement) Regulations, 1978 read with Regulation 3 (e)<br \/>\nand Annexure-A thereto is ultra vires to Articles 14 &amp; 16<br \/>\nof the Constitution of India insofar as it purports to<br \/>\nconfine to the application of the provision regarding the<br \/>\nage of retirement at the age of 60 years, to the<br \/>\nemployees covered by the category shown in Annexure-A.<br \/>\nThe workman defined and enumerated under the category is<br \/>\nnot based on any scientific classification or on rational<br \/>\nbasis.   The category of Pump Driver-cum-Mechanic is not<br \/>\nenumerated in the Annexure while two categories of<br \/>\nChargeman (in pay scale higher than the petitioner&#8217;s<br \/>\ncategory besides being identical to the category of<br \/>\nChargeman (Water Supply) which is a cadre of promotion<br \/>\nfrom the petitioner&#8217;s post), are not mentioned in the<br \/>\nlist.   There does not appear to be any justifying reason<br \/>\nto treat the enumerated categories under the heading of<br \/>\n workman.   Classification of only artificial having no<br \/>\nrational nexus with the object of providing higher<br \/>\nretirement age for workmen or artisans.        The second<br \/>\nground is mentioned that all the employees who are<br \/>\nworkmen as defined under Section 2 (s) of the Industrial<br \/>\nDisputes Act, 1947 or who are artisans as defined in<br \/>\nFundamental Rules.    56 (b) &#8211; Note must be considered to<br \/>\nbe entitled to have the benefits of the provision<br \/>\nregarding retirement at the age of 60 years.          The<br \/>\npetitioner being workman as defined in the Industrial<br \/>\nDisputes Act, an artisan as defined in the Fundamental<br \/>\nRules and the employee belonging to a category quite<br \/>\nsimilar to those covered by Schedule-A to the regulation<br \/>\nis entitled to continue in service upto the age of 60<br \/>\nyears.   the order dated 3\/4-1-1990 of the respondent<br \/>\nauthorities requiring the petitioner to       retire    on<br \/>\n31-8-1991 upon attaining the age of 58 years is ultra<br \/>\nvires to Articles 14 &amp; 16 of the Constitution of India.\n<\/p>\n<p>5.The affidavit-in-reply has been filed by the<br \/>\nAssistant Secretary of Kandla Port Trust, stating therein<br \/>\nthat the petitioner is not a workman under the category<br \/>\nas enumerated in Annexure-A of Kandla Port Employees<br \/>\n(Retirement) Regulations, 1978 (hereinafter referred to<br \/>\nas Regulations, 1978).       Regulation 4.      (b) of the<br \/>\nRegulations, 1978 is clear to the effect that an employee<br \/>\nwho is a workman and who entered the Board service before<br \/>\n11-4-1974 shall retire from the service at the age of 60<br \/>\nyears.   The workman is defined in Regulation 3 (e) of<br \/>\nRegulations, 1978.       The    petitioner     being    Pump<br \/>\nDriver-cum-Mechanic does not come within the meaning of<br \/>\nworkman as defined in Regulation         3    (e)    of  the<br \/>\nRegulations, 1978.    The retirement age of the petitioner<br \/>\nis 58 years. The petitioner was appointed as Pump Driver<br \/>\nwith effect from 1-9-1957 and he was promoted to the post<br \/>\nof Pump Driver-cum-Mechanic with effect from 14-4-1973<br \/>\nand thereafter he was promoted as Chargeman (Water<br \/>\nSupply) with effect from 1-2-1977 and he was transferred<br \/>\nand posted as Pump Driver-cum-Mechanic on administrative<br \/>\nground with effect from 15-3-1986.         The Kandla Port<br \/>\nEmployees (Retirement Regulations 1978 came into force<br \/>\nwith effect from 7-9-1978.      Under the Regulation the<br \/>\npetitioner    is   not a workman within the aforesaid<br \/>\ndefinition. The employees should be workman within the<br \/>\ncontemplation of the Regulations, 1978 on the day on<br \/>\nwhich the question of his retirement arises. As per the<br \/>\njudgment   of    this Court rendered in Special Civil<br \/>\nApplication No.    2919 of 1983, the employee has to<br \/>\nestablish is that (i) he is a workman and (ii) he was in<br \/>\nservice of the respondent Trust before April 11, 1974.<br \/>\nIf these two conditions are satisfied the employee is<br \/>\n entitled to the benefit of retirement age of 60 years and<br \/>\nthe employee who is workman has to be decided on the date<br \/>\non which the question of his retirement arises.          The<br \/>\npetitioner retires on 31-8-1991 and at that time he was<br \/>\nPump Driver-cum-Mechanic which does not come within the<br \/>\ncategory mentioned in Annexure-A to the Regulations,<br \/>\n1978.    Hence, the petitioner is        not   governed   by<br \/>\nRegulation 4 (b) of the Regulations and he is not<br \/>\nworkman. Thus, the retirement age of the petitioner is<br \/>\n58 years.     It is admitted that the category of Pump<br \/>\nDriver (Diesel) appears in the said Schedule at Sr.       57<br \/>\nand the Mechanic at Sr. 6. But the petitioner is not a<br \/>\nworkman as mentioned in Annexure-A. In the year 1986,<br \/>\nWater Supply Work in respect of Gandhidham\/Adipur area of<br \/>\nKandla Port Trust was transferred to Gujarat Water Supply<br \/>\nand Sewerage Board and surplus staff of Water Supply<br \/>\nSection of Kandla Port Trust was posted accommodating in<br \/>\nother sections\/posts in Kandla Port Trust. Therefore,<br \/>\nthe petitioner was transferred and posted as            Pump<br \/>\nDriver-cum-Mechanic with effect from 15-3-1986.          The<br \/>\ncategory of Chargeman (Water Supply) is a non-workman<br \/>\ncategory. Had the Water Supply work not been transferred<br \/>\nGujarat    Water   Supply   and Sewerage Board and the<br \/>\npetitioner would have continued on the post of Chargeman<br \/>\n(Water Supply) which is a non-workman category and he was<br \/>\nrequired to retire at the age of 58 years. The pay scale<br \/>\nor designation of post is not a criteria for determining<br \/>\nthe workman category for the purpose of retirement.      The<br \/>\ncategories of the Chargeman (M) and Chargeman (E) are<br \/>\nincluded in the list but         the    category    of  Pump<br \/>\nDriver-cum-Mechanic is not included as workman in the<br \/>\nlist.    Electrician in the scale of 1320-2220 is a<br \/>\n&#8220;Workman&#8221; Auto Electrician in the same scale of pay is<br \/>\nnot included as &#8220;Workman&#8221; Assistant Foreman (M) and<br \/>\nAssistant Foreman (E) carry the same scale of pay but<br \/>\nformer category is enumerated in the list of workmen but<br \/>\nthe later category i.e.       Assistant Foreman (E) is not<br \/>\nincluded in the workman.       In the same manner, the<br \/>\ncategory of Driller is included in the workman category.<br \/>\nBut the Moulder carrying identical pay scale of Driller<br \/>\nis not a workman as per Annexure-A. Chargeman (E) and<br \/>\nChargeman (M) are workmen category.        Chargeman (Water<br \/>\nsupply) is not a workman category. The definition of the<br \/>\nworkman was arrived at by the respondent Board after<br \/>\nanalysing all     the   relevant     aspects,    duties  and<br \/>\nresponsibilities attached to each and every category. As<br \/>\nneither nomenclature of the post nor the pay scale is the<br \/>\ncriteria    for   determining    the    posts    as workman.<br \/>\nRegulation 6 of the said Regulations 1978 abundantly<br \/>\nmakes it clear that F.R.         56 as applicable to the<br \/>\nemployees of the respondent Board immediately before<br \/>\n commencement of the said regulations, will no longer<br \/>\napply to the employees of the Board. Thus, the petition<br \/>\nis liable to be dismissed and the petitioner is not<br \/>\nentitled to any relief claimed in the petition.\n<\/p>\n<p>6.Additional affidavit was filed on behalf of the<br \/>\nrespondents for a limited purpose showing justification<br \/>\nfor noninclusion. As such, as defined in the impugned<br \/>\nRegulation. F.R.      56 as well as Rule 48 of the<br \/>\nRegulations 1978 which were adopted by the Board have<br \/>\nbeen   replaced   by the Kandla Port Trust Employees<br \/>\n(Retirement) Regulations, 1978 and those Regulations were<br \/>\nsubmitted to the Board in it meeting held on 29-3-1978.<br \/>\nThe issue could not be decided due to certain reasons.<br \/>\nThe draft resolution was accordingly discussed and the<br \/>\nsuggestions made by Mr.     A.K. Shah were also recorded<br \/>\nand with other trustees discussion was made after giving<br \/>\nopportunity to the Labour Representatives under item no.<br \/>\n14.2. Shri A.K. Shah (Labour Trustee) stated that the<br \/>\npoints which have been made by him were aimed at ensuring<br \/>\nthat once the employee has the age of superannuation of<br \/>\n60 years it should remain the same irrespective of<br \/>\nwhether he gets promotion to higher post. Under item No.<br \/>\n14.8 Shri Manohar Kotwal stated that all the employees<br \/>\nare workman and therefore there should be no difficulty<br \/>\nin making addition to the list of workman annexed to the<br \/>\nregulations. Under Item No.14.4., it was Chairman&#8217;s<br \/>\nclarification which has elaborately stated as to why<br \/>\nother categories are not included. The Chairman pointed<br \/>\nout that as per the recommendations of the Wage Board,<br \/>\nthe age of 60 years as retirement age, what had been done<br \/>\nwas to keep for those persons so long as they remain in<br \/>\nthe same category the age by 60 years, for all others the<br \/>\nage of retirement is 58 years. The Chairman also stated<br \/>\nthat the special provision of 60 years for certain<br \/>\ncategory has been made for employees who were in service<br \/>\nprior to 11-4-1974. There was no ground for adding any<br \/>\nmore categories in the list. Under item No. 14.5 which<br \/>\nis set out as whether Shri Manohar Kotwal stated that the<br \/>\nitem might be approved but the Chairman might give<br \/>\nconsideration to new categories, if any, which might be<br \/>\nsuggested by the Union for inclusion in the annexure to<br \/>\nthe regulations.    Under Item No.      14.6, the Board<br \/>\napproved the proposal and resolution 60 resolved to make<br \/>\nthe retirement regulations for the employees of the Board<br \/>\nas   per notification at Annexure-VI subject to the<br \/>\napproval of the Union Government. It was provided under<br \/>\nthe aforesaid Regulations that every employee of the<br \/>\nBoard was to retire from the service on attaining the age<br \/>\nof 58 years.     Exception has been made      under   the<br \/>\nRegulations that the employee who is workman and who<br \/>\n entered the Board&#8217;s service before 11-4-1974 will retire<br \/>\non attaining the age of 60 years. Under Explanation, a<br \/>\nperson appointed to a Class IV post before 11-4-1974 on<br \/>\nhis   appointment and transferred after 11-4-1974 to<br \/>\nanother Class &#8211; IV post or to any category of post<br \/>\nincluded in the list of workmen at Annexure-A shall<br \/>\nretire at the age of 60 years. If he is appointed to a<br \/>\nClass III category which is not one of the categories in<br \/>\nthe list of workman at Annexure A, he shall retire at the<br \/>\nage of 58 years. As per clarification given by the<br \/>\nChairman in the Board meeting, the exception was required<br \/>\nto be carved out from the retirement age of 58 years only<br \/>\nfor those employees who were under the categories already<br \/>\nenjoying the age of 60 years as retirement age. Thus,<br \/>\nany other category and \/ or employee who are not<br \/>\nfulfilling these two categories were to retire at the age<br \/>\nof 58 years.\n<\/p>\n<p>7.Rejoinder    affidavit    has already been filed<br \/>\nstating therein that the Pump Driver is not included in<br \/>\nthe list to be termed termed as &#8220;Workmen&#8221; for the purpose<br \/>\nof   Regulation 3 (e) of the Kandla Port Employees<br \/>\n(Recruitment) Regulations. At the same time category of<br \/>\nPump Driver (Diesel) has been included in the list of<br \/>\nWorkman at Sr. No. 57. There were 40 Pump Drivers (Not<br \/>\nPump Drivers (Diesel).      All these Pump Drivers were<br \/>\nallowed to retire at attaining age of 60 years. Keshaji<br \/>\nand Atu Shamji were working in Kandla Port Trust as Pump<br \/>\nDrivers and they were not Pump Drivers (Diesel). They<br \/>\nwere allowed to retire at 60 years.     Pump Driver is a<br \/>\ncategory of workman.       Mechanic is also a category of<br \/>\nworkman. Therefore, clubbing of these two categories and<br \/>\nre-designating into    one     category    viz.      Pump<br \/>\nDriver-cum-Mechanic, would not render it into a category<br \/>\nof non-workman.    Category of Driver (Motor) and the<br \/>\ncategory of Pump Operator were clubbed together and<br \/>\nredesignated as Pump Operator-cum-Driver and they are<br \/>\nunder category    of   workman.       However,  the  Pump<br \/>\nOperator-cum-Driver was not included in the list of<br \/>\nworkman.    The Board has corrected the mistake and<br \/>\nsubsequently, in the year 1979, the category of Pump<br \/>\nOperator-cum-Driver has been included in the list of<br \/>\nworkmen by way of amendment.      Categories of Winchman,<br \/>\nQuarter Master and higher categories within prefix of<br \/>\nsenior were added in the list of work in the year 1986.<br \/>\nThe list of workmen shown under the Regulations is not<br \/>\ncomplete and exhaustive. The respondent authority has<br \/>\nfrom time to time amended the said list and several<br \/>\ncategories of workmen are subsequently included in the<br \/>\nlist of workmen.\n<\/p>\n<p> 8.The petitioner worked as Pump Driver and used to<br \/>\noperate diesel as well as electric Pumps.     As a Pump<br \/>\nDriver-cum-Mechanic, the petitioner was attending the<br \/>\ndefects and\/or repairs and maintenance of machine.     As<br \/>\nsuch, the petitioner comes in the category of workman and<br \/>\nhence he is entitled to all the benefits including the<br \/>\nsalary and allowance etc. as if he retired on attaining<br \/>\nthe age of 60 years.\n<\/p>\n<p>9.I have carefully considered the contentions made<br \/>\nby the learned counsel for the petitioner and perused the<br \/>\nrelevant papers on the record of this case.\n<\/p>\n<p>10.The draft recruitment regulations for Kandla Port<br \/>\nEmployees are to replace fundamental Rules 56 as well as<br \/>\nRule 48 of the Central Civil Services (Pension) Rules of<br \/>\nthe Central Government which were adopted by the Board<br \/>\nand the said regulations in draft were submitted to the<br \/>\nBoard in its meeting held on 20-3-1978.      However, that<br \/>\nissue was deferred as 2 Labour Trustees Shri Manohar<br \/>\nKotwal and Shri A.K.      Shah   suggested     that   these<br \/>\nregulations   first   be   discussed    with    the   Union<br \/>\nRepresentatives. Thereafter, the meeting was convened<br \/>\nand an opportunity of hearing was given to the union<br \/>\nrepresentative. Elaborate submissions were made at the<br \/>\ntime of hearing with the other labour trustees. Certain<br \/>\nitems were clarified and were deleted and certain items<br \/>\nwere included and the classification was made under<br \/>\ndifferent Articles. The conclusion was made having with<br \/>\nregard to the fact that certain categories already had<br \/>\nthe age of 60 years as retirement and that was made<br \/>\ncontinue till they remain in the same category and the<br \/>\nretirement age for them remained as 60 years but the age<br \/>\nfor all others the age of retirement is 58 years.\n<\/p>\n<p>11.As regard the age of retirement it was settled<br \/>\nthat except as otherwise provided in the regulations,<br \/>\nevery employee of the Board shall retire from service on<br \/>\nthe afternoon of the last day of the month in which he<br \/>\nattains the age of 58 years. Some exception was made to<br \/>\nthe aforesaid Rules to the extent that the employee who<br \/>\nis a workman within the definition of workman under the<br \/>\ncategory shown at Annexure-A to the Regulations and who<br \/>\nhad entered the Board&#8217;s service before 11-4-1974, to<br \/>\nretire from service at the age of 60 years. Annexure-A<br \/>\nto the Regulations has been framed by the Kandla Post<br \/>\nTrust Board after considering the material on record,<br \/>\nterms and conditions of the High Power         Committee,<br \/>\nirrespective of the pay scale or nature of the work or<br \/>\nduty and the Regulations stated above have been approved<br \/>\nby the Central.\n<\/p>\n<p> 12.The contention of the learned counsel for the<br \/>\npetitioner is that the Regulations do not provide any<br \/>\nreason for making classification of the employees or<br \/>\nworkmen mentioned in Annexure-A to the Regulations, is<br \/>\nnot tenable and sustainable in the eye of law in view of<br \/>\nthe fact that the High Power Committee after hearing the<br \/>\nmembers and affording an opportunity of hearing to the<br \/>\nrepresentatives of the Union and considering the nature<br \/>\nand duty of the workman, this Court does not find any<br \/>\nreason to pass and to mould definition of workman<br \/>\nmentioned in the Regulation only on the basis that no<br \/>\nclassification has been prescribed.\n<\/p>\n<p>13.Learned counsel for the respondent has pointed<br \/>\nthat there are various posts which have been included as<br \/>\nworkman after permission, they are not included as<br \/>\nworkman.   Only those the employees have been included in<br \/>\nAnnexure-A to the Regulation as workman for applicability<br \/>\nof the retirement age of 60 years. As the definition of<br \/>\nworkman has been given in the context of the employees<br \/>\nmentioned in Annexure-A to the Regulation that cannot be<br \/>\ncompared with the workman defined under the Indian<br \/>\nIndustrial Disputes Act or artisan in Fundamental Rules.\n<\/p>\n<p>14.In the facts and circumstances of the case, I do<br \/>\nnot find any good ground calling for interference by this<br \/>\nCourt in exercise of extra ordinary jurisdiction under<br \/>\nArticle 226 of the Constitution of India. As such, this<br \/>\npetition deserves to be dismissed.      Accordingly, this<br \/>\npetition is dismissed. Rule is discharged with no order<br \/>\nas to costs.     Interim relief, if any, stands vacated<br \/>\nforthwith.\n<\/p>\n<p>-0-0-0-0-0-<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Gujarat High Court Whether Reporters Of Local Papers &#8230; vs Mr Sr Brahmbhatt For on 2 August, 2011 Author: Kundan Singh, IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5948 of 1991 For Approval and Signature: Hon&#8217;ble MR.JUSTICE KUNDAN SINGH ============================================================ 1. Whether Reporters of Local Papers may be allowed : [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16,8],"tags":[],"class_list":["post-8093","post","type-post","status-publish","format-standard","hentry","category-gujarat-high-court","category-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Whether Reporters Of Local Papers ... vs Mr Sr Brahmbhatt For on 2 August, 2011 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/whether-reporters-of-local-papers-vs-mr-sr-brahmbhatt-for-on-2-august-2011\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Whether Reporters Of Local Papers ... vs Mr Sr Brahmbhatt For on 2 August, 2011 - Free Judgements of Supreme Court &amp; 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