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19. The Bombay Dock Labour Board and the Stevedores Association, on the other hand, contend that the work done by these petitioners is work which should be done by the General Purpose Mazdoors under the Stevedoring Scheme of 1956. According to them, the Stevedoring Scheme of 1956 applies to such workers and hence unregistered workers can be prevented from doing the work which should be done by the registered General Purpose Mazdoors.

20. In this connection, the first contention that we have to examine is whether this work of hooking or unhooking bulk cargo of fertilizers imported loose, which is done on the wharf and not on the ship itself, can be considered as Stevedoring work. It is submitted before us that Stevedoring work is essentially the work of loading and unloading cargo which is done on the ship itself. Any work in this connection which is done on the wharf cannot be termed as stevedoring work.

21. Our attention was drawn to the definition of the word "Stevedore" in Wharton's Law Lexicon, page 954 : "Stevedore" : (fr. estivar, sp., to stow), a person employed to stow a cargo on board a ship. In Chambers Dictionary at page 22339, "Stevedore" is defined thus: "(Sp. estibador packer, stower, fr. estibar to pack stow); one who works at or one who is responsible for the unloading of a ship in Port, (2) to work at or undertake responsibility for the loading and unloading of a ship." Maclachlan's Treatise on the Law of Merchant Shipping, at page 336, in the footnote, states, "Stevedore is a word used to denominate a person whose business is to undertake the stowage or discharge of cargos with a gang of workmen whom he hires and pays and is responsible for." Jowitt's Dictionary of English Law, Volume - 2 at page 1683, defines "Stevedore" as "a person employed to stow a cargo on board a ship" and makes a reference to the Merchant Shipping (Stevedores and Trimmers) Act, 1911. It further says that a Stevedore is a person whose business is to undertake the stowage or discharge of cargos with a gang of men whom he hires and pays and is responsible for.

23. In Halsbury's Law of England, Volume 43, paragraph 588, the employment of a stevedore is dealt with. Paragraph 588 states that where the actual work of loading the goods is delegated to a stevedore, he is usually to be regarded as the employee of the ship owner, who, as being the person primarily responsible for the loading, is liable to the shipper, in the absence of an exception covering the stevedores negligence, for the manner in which the stevedore performs his work, and also to the stevedore for his charges. These statements do not carry the case any further.

24. These definitions undoubtedly state that a "Stevedore" is a person who is responsible for stowing cargo on board a ship. But the definitions and description of the work of a stevedore do not restrict the work of a stevedore only to the work on board a ship. The term is defined with reference to the work of loading and unloading of cargo. Whether this work is done on board or a ship or on the wharf will not change the nature of the work. In fact, under the Stevedoring Scheme of 1956 itself, the categories of workmen which are covered by the Scheme clearly include those engaged in work on the wharf also. For example, the work of a Godown Khalasi included in the Stevedoring Scheme by an amendment of 1988 is work in the docks and not on the ship itself. It would not, therefore, be correct to say that the stevedoring Scheme will not apply to work which is done in the Docks. So long as the work is connected with loading and unloading of cargo from the ship, it can be considered as stevedoring work.