UNION OF INDIA Vs. FORWARD SEAMEN UNION

JUDGEMENT

(1.) This is an appeal against the judgment and order dated June 18, 2003, passed by the learned Single Judge of this Court in W.P. No. 40 of 2003.

(2.) This writ petition relates to engagement, recruitment or employment of 36 (thirty six) bazarmen/canteen crew on the ship M.V. Akbar. The relief that has been claimed by the petitioners has to be considered in the light of the amended provisions of Merchant Shipping Act, 1958 as amended by Merchant Shipping (Amendment) Act, 2002. The bazarmen could claim the benefit of seamen or seafarers only if they could satisfy the test of the definition given in the explanation (b) to Section 95 of the said Act.

(3.) There was a long-standing dispute regarding appointment of the employees for providing canteen facilities to the passengers of the vessels. Ultimately, public interest litigation was moved before this Court and a Division Bench of this Court by order dated February 3, 1998, constituted an ad hoc committee to find out ways and means for settlement of the dispute between the parties amicably. The ad hoc committee submitted its recommendations. The committee recommended that an authority other than the Unions should do the allotment of duties to bazarmen and the Director General of Shipping, through shipping masters/appropriate authorities, should do such allotment of duties. The members recommended that two separate lists should be maintained : (i) for 69 bazarmen, who were allotted duties by the Shipping Corporation of India for the vessel M.V. Akbar and the second one for 79 bazarmen, who were allotted duties by FSUI for MV Nancowry and MV Harshavardhan. It was, further, recommended that allotment of duties should be done according to their waiting seniority in the respective groups. The above recommendations were accepted and implemented. Consequently, the office of the Director General of Shipping allotted duties to the bazarmen according to their waiting seniority in their respective groups.