Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941 WP(C).No.15193 OF 2019(Y) PETITIONERS: 1 FORWARD SEAMENS' UNION OF INDIA, (REG.NO.9442) 101, USHA SADAN FLAT NO.3, 2ND FLOOR, BORA BAZAR STREET, MUMBAI 400 001 REP BY ITS JOINT SECRETARY, L.F. MUHAMMED. 2 SHAHUL HAMEED C.P. CHERIKKAL PUTHIYAPURA HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 551. BY ADVS. SRI.V.B.HARI NARAYANAN SMT.SHAZIA BINT ASHRAF RESPONDENTS: 1 UNION OF INDIA REP. BY SECRETARY OF GOVERNMENT, MINISTRY OF SHIPPING, TRANSPORT BHAVAN, NO.1, PARLIAMENT STREET, NEW DELHI-110 001. 2 DIRECTOR GENERAL OF SHIPPING 9TH FLOOR, BETA BUILDING, i-THINK TECHNO CAMPUS, KANJUMARG (EAST), MUMBAI-400 042. 3 UNION TERRITORY OF LAKSHADWEEP REP BY THE ADMINISTRATOR, KAVARATHY, LAKSHADWEEP - 682 555. 4 LAKSHADWEEP DEVELOPMENT CORPORATION LTD., ERNAKULAM, PIN-682 036. 5 PRINCIPLE OFFICER, MERCANTILE MARINE DEPARTMENT, INDIRA GANDHI ROAD (NORTH END) WILLINGTON ISLAND, COCHIN-682 009. R1, R2 AND R5 BY ADV. SRI.P.VIJAYAKUMAR, ASG OF INDIA R3 & R4 ADV. SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The first petitioner is a registered association of seafarers established in the year 1954 with the object of providing necessary support for the general well being of the seafarers and to take up issues faced by them with appropriate authorities as regards their service conditions, and the second petitioner is a member of the said association. In terms of Ext.P9 representation, the petitioners requested the Central Government to constitute a Tribunal for resolution of the disputes between the seamen and their employees as provided for under Section 150 of the Merchant Shipping Act, 1958. It is alleged by the petitioners that Ext.P9 representation is not being considered by the Central Government. The petitioners, therefore, seek appropriate directions in this regard, in the writ petition.
2. When the matter was taken up, the limited
prayer made by the learned counsel for the petitioners was for a direction to the Central Government to take a decision on Ext.P9 representation submitted by the petitioners. Having regard to the facts and circumstances of the case, especially the provision contained Section 150 of the Merchant Shipping Act, I deem it appropriate to dispose of the writ petition directing the Central Government to take a decision on Ext.P9 representation, within three months from the date of receipt of a copy of this judgment. Ordered accordingly. Sd/- P.B.SURESH KUMAR, JUDGE. DK APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A COPY OF THE ARTICLES OF AGREEMENT FOR EMPLOYMENT EXECUTED BY 2ND PETITIONER WITH 4TH RESPONDENT. EXHIBIT P2 A COPY OF THE LETTER DATED 20.11.2017 ISSUED BY 4TH RESPONDENT. EXHIBIT P3 A COPY OF THE MEMORANDUM OF AGREEMENT BETWEEN MUI AND INSA AS REGARDS THE WAGES OF CREW FROM 1.4.2015 TO 31.3.2019. EXHIBIT P4 A COPY OF THE RELEVANT EXTRACT OF NMB AGREEMENT. EXHIBIT P5 A COPY OF THE ACCOUNT OF WAGES FOR THE PERIOD OF 1.3.2016 TO 31.3.2016 PAID TO THE 2ND PETITIONER BY THE 4TH RESPONDENT. EXHIBIT P6 A COPY OF THE EXTRACT OF PAGE 49 OF THE NMB AGREEMENTS FOR HOME TRADE RATINGS & PETTY OFFICERS (2015-2019). EXHIBIT P7 A COPY OF THE MINUTES OF THE MEETING
HELD ON 15.6.2015.
EXHIBIT P8 A COPY OF REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 15.7.2018. EXHIBIT P9 A COPY OF REPRESENTATION DATED 8.3.2019 SUBMITTED BEFORE IST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE DK