VidhiSangh

Supreme Court of India · 15/02/2018

CHAIRMAN CUM MANAGING DIRECTOR, ENNORE PORT TRUST (PRESENTLY KNOWN AS KAMARAJAR PORT LIMITED) versus V. MANOHARAN AND ORS.

[2018] 2 S.C.R. 644 · 2018 INSC 149

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside both High Court judgments in a port-workers’ regularisation dispute and relegated the parties to arbitration under their memorandum of understanding. Employment status, association membership, the effect of the MOU and entitlement against the respective ports required individual evidence and fact-finding. The Court granted liberty to obtain or mutually appoint a tribunal, leaving the merits open and seeking completion within six months of its appointment.

Issues

  1. Whether disputed port-worker employment and regularisation claims should have been tried in writ jurisdiction or through the MOU’s arbitration machinery.

Held

Result

Appeals allowed; Division Bench and Single Judge judgments set aside and writ petition dismissed, with liberty to seek or mutually appoint the arbitral tribunal under Clause 31. Merits left for evidentiary adjudication; completion within six months of appointment requested.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 644.