LAWS(MAD)-2006-4-142

S CHANDRU Vs. UNION OF INDIA

Decided On April 10, 2006
S.CHANDRU Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE prayer in this writ petition is to issue a writ of declaration that the order No. 1 of 2001 dated 27. 03. 2001 issued by the 2nd respondent on behalf of the 1st respondent is illegal and unconstitutional and consequently to direct the respondents to register the petitioners in the seamen''s Employment Office at Chennai and to further discharge their obligations under Part-VII of the Merchant Shipping Act, 1958 and the Merchant Shipping (Seamens Employment officers) Rules, 1986.

(2.) THE writ petition has been filed by the petitioners challenging the decision of the respondents in dispensing with the employment/registration of seamen through the Seamen''s Employment office at Chennai vide order No. 1 of 2001, dated 27. 03. 2001, stating that it is in violation of the mandatory provisions of the Merchant Shipping Act, 1958 and the Merchant Shipping (Seamen employment Office) Rules, 1986. As a result of the impugned order, the seamen are subject to many disadvantages due to the discretion vested with the shipping companies and in turn, the seamen are forced to face loss of livelihood and other hardships.

(3.) IT is also stated on behalf of the petitioners that the regulation of Seamens Employment came about as a result of deliberations of the concerned parties at the international level in order to avoid malpractices in the employment of seamen and to protect them from the exploitation by the shipping companies. The problems faced by the seamen were taken note of by the international Labour Conference in 1920. A high level committee was constituted in 1921 to examine the problems in the matter of recruitment of seamen and to suggest regulatory measures. After a detailed survey, the committee recommended curtailment of the privileges of licenced brokers and the establishment of the Special Employment Offices. In 1931, the Royal commission which went into the conditions of labour in India, recommended the withdrawal of the licence of all the brokers, due to rampant malpractice and harassment of the seamen. Thereafter, they were eliminated from the recruitment procedure for employment of seamen.