ANTONY D VINCENT Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India seeking for issue of writ of Certiorarified Mandamus calling for the records relating to the impugned order issued by the 5th respondent in Letter No,9-SHG(205)/5536-1 dated 05.11.1999, quash the same and further direct the 1at respondent herein to refer forthwith the dispute raised in the petitioner's Memorandum to them dated 13.03.1998 for adjudication by a Tribunal under Section 150 of the Merchant Shipping Act, 1958. Heard both sides.

(2.) THE petitioner was engaged as a Fitter in the second respondent company to attend to their ships. THE petitioner being a Fitter was engaged for the purpose of lathe works, pipe works, welding, maintaining generators, main and auxiliary engines of the ship and also to assist the Engineers while doing major repairs in the vessel. THE petitioner was also taken along with the sailing ships belonging to the second respondent company by getting a temporary certificate from the Mercantile Marine Department.

(3.) THE petitioner raised a dispute with the management of the shipping company and sought for a reference of his dispute in terms of Section 150 of the Merchant Shipping Act, 1958. Earlier, he filed a writ petition being W.P.16473/1998 seeking for a direction to refer the dispute to the Central Government. This Court did not grant any direction. On the contrary, a direction was issued to the Central Government to consider the dispute raised by the petitioner.