UNITED LABOUR FEDERATION Vs. UNION OF INDIA

JUDGEMENT

(1.) HANDING over of container terminal of Chennai Port Trust to a private party, otherwise then by tender/ public auction, had evoked this litigation.

(2.) THE appellant in both the writ appeals is United Labour Federation, represented by its General Secretary Mr.K. Nithytanandam. While W.A.No.2029 of 2001 is directed against the order in W.P.No.16845 of 2000, W.A.No.1921 of 2001 is directed against the order in W.P. No.12783 of 2001. While the appellant was the petitioner in W.P. No.12783 of 2001, it was not a party in W.P. No.16845 of 2000. W.A. No.2029 of 2001 was filed obtaining leave, which was granted by this Court.

(3.) THE concern of the first respondent was that handing over the development and management of container terminal will adversely affect the interests of its workers, that without consulting with the Union and without taking them into confidence and surreptitiously, the agreement was entered into with the fifth respondent and that will result in the deprivation of the rights of the workers secured under the above settlement dated 2.8.2000, and that such an action of the respondents 2 and 3 is an unfair labour practice, which is prohibited by the Industrial Disputes Act. It was also alleged that the respondents 2 and 3 did not adopt any of the known moralities or procedure while seeking to hand over the container terminal to the fifth respondent. It was also alleged that here was no necessity of handing over the container terminal to the fifth respondent as the Chennai Port was earning sufficient income and there is no gain in handing it over to the fifth respondent. Concisely speaking, the concern of the first respondent was the welfare of its workers and it apprehended the adverse effects of the privatisation of the container terminal" depriving their rights secured under the statutory settlement dated 2.8.2000, that several workers, who had been in employment ever since the container terminal was established in 1983 would be deprived of their jobs or in any event would be subjected to alteration of their service conditions and benefits attached thereto.