Law:

Section:

(a) Dock Workers (Regulation of Employment) Act (IX of 1974)- -----S. 3 read with Karachi Dock Workers (Regulation of Employment) Scheme, 1973-Words and phrases-`Wharf'-Means a structure either of wood or stone or masonry built in nature of a raised platform along side of water or shore where ships berth and remain for time being during process of loading or unloading of cargo, primary idea being a place used not for storage of goods but in process of their transit to or from water. Carter v. Port of London Authority 1974 Lloyd's L R 583 and Jarvis v. Map's Wharf Ltd. 1967 Lloyd's L R 329 ref. (b) Karachi Dock Workers (Regulation of Employment) Scheme, 1973- --- Container Yard (old M. I. Yard-Karachi) where stuffing and destuffing of container done-Held, not a `wharf' in ordinary sense. (c) Karachi Dock Workers (Regulation of Employment) Scheme, 1973- -- Para. 37 and Dock Workers (Regulation of Employment) Act (IX of 1974), S. 2-Words and phrases-`Dock work', held, must have relation or connection with loading and unloading of ship besides being a work to be performed at "wharf", "mooring" or at an "outer anchorage". Kenny v. Narrison and another (1902) 2 K B 166 ref. (d) Dock Workers (Regulation of Employment) Act (IX of 1974)- -----And Dock Workers (Regulation of Employment) Scheme, 1973, Application of Act and Scheme-Restricted to cover classes of work falling within definition of `dock work'-Such work alone to be performed by `registered dock workers-Act and Scheme-Do not contemplate all types of work within area of K. P. T. or Port to be performed of necessity by a registered dock worker-Work of stuffing and destuffing of container-Held, does not come within mean­ing of `dock work'-Such not being a process of loading or unloading of ship and place where stuffing and destuffing of containers take place not being a wharf-Impugned resolution directing stuffing and destuffing of container to be performed only by 'registered dock workers', held, without any lawful authority and of no legal effect. Usman Ghani Rashid for Petitioner. Obaidur Rehman for Respondent No. 1. Sharafuddin Ahmed Faridi for Respondents Nos. 2, 3, 4 and 7. Muhammad Hanif Khan for…

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