LAWS(BOM)-2013-3-22

MORMUGAO STEVEDORES' ASSOCIATION Vs. UNION OF INDIA

Decided On March 04, 2013
Mormugao Stevedores Association Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned counsel for the respondents.

(2.) BY this petition which is filed under Article 226 of the Constitution of India, the petitioners are seeking the following reliefs:

(3.) THE Union of India accepted the settlement and issued a notification under section 3 read with section 4 of the Inapplicability Act through Gazette notification dated 17/3/1998. However, on 4/9/1998, when the letter was sent by respondent no.1 addressed to the chairman of respondent no.2 it intimated that the merger department be called as "Cargo Handling Department " and the Traffic Manager of the Port Trust be made the head of the department with higher pay-scale than the Deputy Chairman of respondent no.3. Thus, the said direction was contrary to the settlement which was arrived at under the provisions of the said act. Since no action was taken on the representations made, the petitioners were constrained to file the petition.