PARADEEP PORT SHRAMIK SANGH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner is a registered Trade Union under the Trade Unions Act, 1926. It has been functioning as collective bargaining agent in Paradeep Port Trust espousing the cause of the employees and workers of Paradeep Port Trust since its inception. This writ petition has been filed against the inaction of the Government of India represented by the Ministry of Shipping, Road Transport and Highways in appointing the representatives of employees called Labour Trustees on the Board of Trustees for Paradeep Port for the year 2010-2012 after ascertaining membership strength of respective Trade Unions which have been functioning in the Paradeep Port through secret ballot. Therefore, it has prayed for issuance of a direction to opposite party No.1 to take immediate steps for appointment of Labour Trustees on the Board of Trustees of Paradeep Port for the aforesaid period on the membership strength of the respective Trade Unions through secret ballot.

(2.) The Paradeep Port Trust is governed by the provisions of the Major Port Trust Act, 1963 (hereinafter called as 'Fort Trust Act'). In other words, the provisions of the said Act will apply to the Paradeep Port Trust which is situated in the Jagatsinghpur district in the State of Orissa.

(3.) There are eleven Trade Unions including the petitioner-Union which have been functioning in the Paradeep Port. Section 3 of the Port Trust Act provides for constitution of the Board of Trustees and Committees thereof. It says that with effect from such date as may be specified by notification in the Official Gazette, the Central Government shall cause to be constituted in respect of any major port a Board of Trustees to be called the Beard of Trustees of that port. There are different categories of Trustees mentioned in Subsection (1)(c)(i) which refers to representation of Labour Trustees on the Board of Trustees of that Port. The Government of India in the Department of Ministry of Shipping (Ports Wing) has specified that there will be two representatives of Labour on the Board of Trustees for Paradep Port and their tenure is two years. The term begins from April, 2010 and ends in March, 2012. The Government of India, Ministry of Shipping (Ports Wing) is the appointing authority of Board of Trustees of Paradeep Port. It is the case of the petitioner that since 2002, there is no Labour Representative on the Board of Trustees for Paradeep Port.