ANTONIO R. BORGES AND ORS. Vs. UNION OF INDIA (UOI), THROUGH ITS SECRETARY, MINISTRY OF SURFACE TRANSPORT (SHIPPING) AND ORS.

JUDGEMENT

(1.) HEARD learned Advocate for the petitioners and learned Advocates for the respondents.

(2.) THE petitioners, who are four in number, have challenged the order dated 2nd May, 2001, issued by the surveyor -in -charge, Captain K.P. Jayakumar, which had the effect of discharging the petitioners from their services. The order was based on the provisions of the Merchant Shipping Act, 1958. The petitioners have also challenged the enquiry sought to be initiated against them pursuant to the letter dated 1st August, 2001.

(3.) ON 16th April, 2001, the petitioners alongwith others started peaceful agitation for non -payment of wages in accordance with the National Maritime Board Agreement or Home -Trade Agreement, whereupon the Master of the ship threatened them with dire consequences of loosing the job and, accordingly, at about 6.15 p.m. to 6.50 p.m, he came on board the vessel and forcibly lifted the petitioners from the Board of the ship and brought them to the Harbour Police Station. Thereafter on 2nd May, 2001, the Shipping Master discharged all the petitioners. On 19th June, 2001, the General Manager of respondent No. 8, called upon the petitioners to submit their explanation within four hours and to show cause why their names should not be cancelled from the Company's roster. The petitioner's gave reply on 27th June, 2001, denying the allegations, made. They were also informed by letter dated 1st August, 2001 that their explanation was not satisfactory and that the enquiry would be held on 13th August, 2001. They did not take part in the enquiry and have filed this petition.