INDIAN QUARTER MASTERS UNION Vs. P R DUTT

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India for a writ in the nature of mandamus requiring the respondents to cancel the endorsement on the Certificates of Seamen regarding their unfitness for services in foreign vessels and to refrain from holding pre-entry medical examinations of Seamen or making endorsements on their certificates as a result thereof and also for a writ in the nature of quo warranto requiring the respondents to exhibit the authority under which they are entitled to hold the office for assumption and to pass the orders and do the acts complained of. Sinha J. issued a Rule Nisi on 22nd August 1950.

(2.) The petitioner No. 1 is the Indian Quartermasters' Union consisting of Quartermasters popularly known as seacunnies and the petitioners Nos. 2, 3 and 4 are Seamen. All the petitioners hold certificates of service issued and registered at the Port of Calcutta under the provisions of the Indian Merchant Shipping Act (Act XXI [21] of 1923). Respondent 1 P. R. Dutt is described as Medical Officer Pre-entry Medical Examination of Seamen (Government of India) Port of Calcutta and respondent 2 E. V. Bobb is the Shipping Master having his office at Calcutta Marine House, Hastings, Calcutta.

(3.) It is alleged in the petition that under provisions of the Indian Merchant Shipping Act, the Shipping Master of the Port of Calcutta has certain prescribed duties and functions to perform, in respect, of the employment of seamen in foreign going vessels. One of such duties is to supervise execution of proper agreements between the Masters of Ships and Seamen Employed by such Masters. Neither the Shipping Master nor any other official has any right or authority under the law to examine or certify the competence of a seaman for service.