Sailors Union of India (Sui) Vs the Andaman and Nicobar Administration and Others

The petitioner has filed the present writ application praying for a direction upon the respondent authorities for consideration of the representation dated 17.10.2022 submitted before the Director of Shipping Services raised certain points for discussion.

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Counsel for the petitioner has drawn the attention of this Court to the order passed in WPA No. 180 of 2021 dated 08.12.2021, which reads as follows

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“Moreover, there is the letter dated December 4, 2020 of the Labour Commissioner claiming that he did not possess the jurisdiction to decide such an issue.

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The writ petitioners being confined to a section of the industry and not claiming to represent the Shipping Industry in its entirety, it would be appropriate to direct the respondent No.5 to decide the issue of majority union as claimed by the writ petitioners within a period of fortnight from the date of communication of this order. The respondent No.5 will afford a reasonable opportunity of hearing to the petitioners before taking such decision. The respondent No.5 will is at liberty to hear such other parties and consult such documents that he deems necessary. He will pass a reasoned order within a

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fortnight from date of receipt of this order and shall communicate such reasoned order to the parties be heard forthwith thereafter”.

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In compliance of the Order dated 08.12.2021, the Officer-in-charge of the Directorate of Shipping Services had issued a notice on 07.10.2022, informing that on 18.10.2022 a meeting will be held for declaration of Majority Union for Wage Agreement pending for Foreshore Sector and Mainland-Island Sector. Accordingly on 18.10.2022 a meeting was held, wherein representative of all Unions as well the Officials of the Administration have participated in the said meeting. In the said meeting, the petitioner union has raised an objection and requested that the Majority may be declared/decide by involving all Seafarers through a secret ballot system thorough Labour Commissioner for declaration of Majority Union amongst the roster crew and the contact crew members. The Director of Shipping Services has made it clear that only the roster crew members shall participate in the written consent for declaration of majority being permanent crew members of the Directorate of Shipping Services, Andaman & Nicobar Administration, Port Blair.

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Mr. Rakesh Pal Gobind, learned advocate representing the petitioner has drawn the attention of this Court to the minutes of the meeting dated 18.10.2022, wherein it is recorded that no general secretary/representatives have submitted charter of demands and the details/records of

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membership of permanent roster crew of Foreshore and Mainland-Island Sector except NUSI for decision of Majority in these two Sectors.

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Mr. Gobind draw that attention of this Court to the communication dated 17.10.2022, wherein the petitioner union has submitted their points before the Director of Shipping Services, but the same was not taken into consideration in the meeting held on 18.10.2022.

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Mr. Gobind, submits that the points raised by the petitioner union is still pending and has not been decided and as such a direction may be issued upon the authority to dispose of the said issues raised by the petitioner.

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Per contra, Mr. Gopala Binnu Kumar, learned advocate appearing for the added respondent has drawn the attention of this Court to the Order No. 3520 dated 28.10.2022 issued by the Director of Shipping Services, wherein the National Union of Seafarers of India is recognized as majority Union for such purposes for a period/tenure of Five (05) years provided it is not found responsible for breach of the Code during this period.

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Referring the said order, Mr. Kumar submits that the authority has already decided the Majority Union and as such nothing remains in the present writ application.

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Mr. Shatadru Chakraborty, learned Senior Advocate appearing for the Administration submits that Section 97 (A) of the Merchant Shipping Act, 1958 is regarding the discrimination of the pay salary and wages of the roster

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crew members. It is not mentioned that the crew whose names has not been roster as permanent crew shall be taken to be consideration to decide the Majority Union.

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Mr. Chakraborty further submits that the Administration has already decided the Majority Union by an Order dated 28.10.2022 and as such the present writ application has become infructuous.

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Heard the learned counsel for the respective parties, perused the materials on record.

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It is found that in compliance of the order passed by this Court on the earlier occasion, notice was issued for holding the meeting and meeting was held on 18.10.2022. In the meeting representatives of the union as well as the officials of the Directorate of Shipping Services were also present. In the said meeting the petitioner union has raised an objection with regard to holding the election with a secret ballot, but that was turned down by the Director of Shipping Services and subsequently, the Director of Shipping Services held that the National Union of Seafarers is recognized an Majority Union. Now, only the contention of the petitioner before this Court that the petitioner has raised several issues before the Director of Shipping Services by the representation dated 17.10.2022 which has not been considered.

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Considering the above, this Court find that the Director of Shipping Services has already decided the issue by holding that the NUSI is the recognized Majority Union

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for a period of five years and as such it is not proper for this Court to disturb the decision taken by the authority, but this Court cannot avoid that the representation filed by the petitioner is still pending before the authority.

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Accordingly, the Director of Shipping Services i.e. respondent No.3 is directed to dispose of the representation filed by the petitioner dated 17.10.2022 within a period of four weeks from the date of communication of this order by passing a reasoned and speaking order and to communicate

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the same to the petitioner within a week thereafter.

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WPA/953/2023 is disposed of.

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( Krishna Rao, J. )

Sailors Union of India (Sui) v. the Andaman and Nicobar Administration and Others

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Sailors Union of India (Sui) v. the Andaman and Nicobar Administration and Others

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