Wednesday, February 13, 2008

Syam's Case Note-Strike in port by Private Employees.

Strike in Port by private employees.
The High Court of Calcutta in the recently reported case of Board of Trustees for the Port of Calcutta v. M/s Poddar Industrial Corporation has held that Port Trust is entitled to impose and realize demurrage charges on goods landed in the Calcutta port which could not be removed due to the ongoing strike by private employees of clearing agents. The reasoning adopted by the Court was that the private employees of the clearing agents who were under strike are not under the control or supervision of the Port Trust Authority. The Court also held as improper the refusal of the Port to issue clearance certificate inspite of giving undertaking by the petitioner for removal of goods from the port area.
Since at Cochin Port there is a strike at the drop of a hat, let us all take special note of the said judicial dictum and ponder as to whether these strikes auger well for the entire shipping community at Cochin.
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