SREEKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to respondents 2 to 4 and 9 to take urgent steps to afford immigration clearance and discharge for the petitioner from the vessel 'MV BRAHMEKSHARA', presently birthed at Vizhinjam Port, and for other related reliefs. Facts encapsulated for disposal of the writ petition are as follows:

(2.) Petitioner is a citizen of India and a 'seaman' within the definition of Merchant Shipping Act, 1958, [hereinafter called, 'the Act'], and is employed as a Chief Engineer on board the vessel referred to above, which is a marine Tug flying Indian Flag. The said vessel is owned by the 10th respondent. Petitioner was employed in the said vessel pursuant to Ext.P1 contract. The vessel has returned to Vizhinjam after a voyage to Maldives on 01.12.2015. As per the provisions of law under the Merchant Shipping Act, 1958, when a seaman returns from his voyage abroad, he has to be discharged in accordance with the procedure laid down in Sections 118, 119, 120 and 122 of the Act. Such discharge under law envisages as a condition precedent, the full payment of salary due to the seaman. If the seaman leaves the vessel without a valid discharge, he could be treated as a deserter.

(3.) Sec.191 of the Merchant Shipping Act, 1958 envisages "Desertion" as a misconduct, which has serious repercussions for a seaman detrimentally affecting his chances of future employment. An entry of discharge has to be made in the Continuous Discharge Certificate, which is the identity document of the seaman. This is mandatorily laid down in the Merchant Shipping (Continuous Discharge Certificate-cum- Seafarer's Identity Document) Rules, 2001.