1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 866 OF 1998 ... Transport and Dock Workers Union & ors. ...Petitioner v/s. The Board of Trustees, Mumbai Port Trust ...Respondent ... Mr.Susheel Mahadeshwar with Mr.Mahesh Londhe i/b Sanjay Udeshi & Co. for the Petitioners. Mr.R.S.Pai i/b Mulla & Mulla & CBC for the Respondent. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 31th August, 2009 P.C.: 1. The Petitioner-Trade Union by this petition seeks to agitate rights of the alleged legal representatives of the employee of the Dock Labour Board, who expired before 2 there was a settlement reached and absorption of the employees of the Dock Labour Board in the service of the Bombay Port Trust. The Petitioner relies on the provisions of the Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997. But the learned Counsel appearing for the Petitioner is not in a position to tell us as to whether the Central Government has issued any notification bringing the Act in force. He is also not able to state what is the appointed day within the meaning of Section 2(a) of that Act. We do not find any material on record to determine whether there was any scheme in force for compassionate appointment of the ward of the employees of the Dock Labour Board who died while in employment. No such scheme is on record. In short, the material placed on record is not capable of making out any case in favour of 3 the Petitioner. Obviously, therefore, we cannot make any order in favour of the Petitioner. Petition, therefore, fails and is dismissed. Rule discharged. No order as to costs. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)