CENTRAL GOVERNMENT Vs. VIZAG TRAWLER WORKERS UNION

JUDGEMENT

(1.) This Writ Appeal arises out of a judgment in W.P.Nos.3697/90 and 3698/90. The Union of India represented by its Secretary, Ministry of Shipping and Transport is the appellant. The respondent filed a writ petition seeking a direction to the Central Government to constitute a Tribunal under Section 150(1) of the Merchant Shipping Act, 1958 (in short 'the Act') and refer the dispute between the Seamen and the employer to the Tribunal so constituted. The writ petition came up before a learned single Judge who allowed the same following the judgment in W.P.No.4270/1981 dt.l3-10-1977.

(2.) Following the judgment in W.P.No.4270/1981, the learned Single Judge directed for constitution of a tribunal under Section 150(1) of the Merchant Shipping Act. At this stage, it is necessary to refer to the facts and circumstances under which the learned Single Judge in W.P.No.4270/1981 directed to constitute a Tribunal under Section 150 of the Merchant Shipping Act (in short 'the Act'). The Union Carbide of India Ltd., Visakhapatnam employed 12 fishermen besides the skipper mate etc., on the fishing trawlers owned by them. A dispute arose between the Union Carbide India Ltd. and the 12 fishermen employed by them. The matter was referred to Industrial Tribunal. The Union Carbide India Ltd. relying on Section 150 of the Act raised a preliminary objection stating that the Industrial Disputes Act has no application and the dispute is to be decided only by a Tribunal constituted by the Central Government for the said purpose. The Industrial Tribunal overruled the preliminary objection raised by the Union Carbide of India Ltd. Therefore, the Union Carbide of India Ltd., filed a writ petition which was dismissed. In the writ appeal filed by the Union Carbide of India Ltd., the learned Judges directed the Industrial Tribunal to consider whether the employees concerned have been employed or engaged as members of the crew under the Act in which case the Industrial Tribunal will have no jurisdiction to hear the dispute. Pursuant to the directions issued by the learned Judges, the Industrial Tribunal passed an order holding that the 12 fishermen employed bv the Union Carbide are "seamen" within the meaning- of Section 3(42) of the Act and therefore, the dispute should be referrd to a Tribunal constituted under Section 150(1) of the Act as the disputes are not governed by the Industrial Disputes Act, 1947. Aggrieved by the decision of the Industrial Tribunal the employees filed W.P.No.4270/81 which was disposed of by a learned Single Judge directing the Central Government to constitute a Tribunal under Section 150(1) of the Act and referring the dispute for adjudication.

(3.) Following the judgment in W.P.No.4270/81 the learned single Judge directed the Central Government to constitute a Tribunal under Section 150(1) of the Act in the present case also. Aggrieved by the judgment of the learned single Judge, the present writ appeal is filed.