- (1.) Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner, namely Kakinada Port Steel Barges & Deep Water Port Workers Union, which claims to be the majority workers union with 2,000 workers, in the establishment of Cocanada Chamber of Commerce, which operates in Kakinada Port, has filed these two writ petitions.
(2.) The petitioner initially filed W.P. No. 16388 of 2008, praying to grant the following relief: To issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondent No. 1 in deciding to handle the fertilizers at Deep Water Port instead of Anchorage Port and issuing the Letter No. 12971 (1J/2006, dated 16.06.2008 to the Secretary, Ministry of Chemicals and Fertilizers, New Delhi, permitting to handle the fertilizers at Deep Water Port instead of Anchorage Port and the proposed action of respondent Nos. 1 and 2 in permitting respondent No. 4 to handle the cargo at Anchorage Port, Kakinada, detrimental to the interests of the members of petitioner's-Union and other workers, as capricious, illegal, arbitrary and violative of Clause 2.19.1 of the Agreement dated 19.03.1999 and contrary to the spirit of G.O. Ms. No. 72, dated 22.05.2002 and in violation of the rights guaranteed under Articles 19 and 21 of the Constitution of India and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Kakinada port: anchorage port - its administration
(3.) Kakinada Port is located on the southern part of India. It is the principal sea port amongst the minor ports in India. Kakinada Port comprises of Kakinada Anchorage Port and Kakinada Deep Water Port. At the Anchorage Port, the cargo is transported through privately owned Boats and Steel Barges from the ship to shove and vice-versa through the commercial canal. Kakinada Port functions under the control of the Government of Andhra Pradesh. Respondent No. 2, namely the Government, which controls Kakinada Port, is empowered to frame rules for its administration. In exercise of its controlling power, the Government had been framing rules from time to time, for its administration, including for regulation of entry into the Port. Cocanada Chambers of commerce;