- (1.) The appellant trade union represents "Bazarmen" that is employees of canteen/catering contractors operating in ships sailing between Calcutta/Chennai and Andaman and Nicobar Islands. The said ships belonged to the Andaman & Nicobar administration ( 'A&N Administration' for short) and were managed and operated by Shipping Corporation of India Ltd. ( 'SCI' for short). SCI had entered into contract/s, with canteen/catering contractors to run the canteens in the said ships. There were some long pending demands by Bazarmen who were members of appellant union on the one hand, with SCI as also another Trade Union -- National Union of Seafarers of India (NUSI). As the ship services were sometimes disrupted on account of such disputes, a public interest litigation (CO No. 87(W) of 1997) was filed by Andaman Chamber of Commerce. In that case, the High Court by an interim order dated 3.2.1998 appointed an Ad-hoc Committee consisting of Labour Commissioner of West Bengal, Regional General Manager of SCI, Principal Officer of Mercantile Marine Department of Union of India and Director of Shipping Services of A&N Administration, to amicably resolve the disputes. The Ad-hoc Committee made various recommendations as per its proceedings dated 6.4.1998. One of the recommendations related to operation of two separate lists of Bazarmen : one of a group of 69 Bazarmen and another of a group of 79 Bazarmen, by allotting duties according to their waiting seniority in the respective groups. The Calcutta High Court approved the recommendations dated 6.4.1998 by order dated 26.6.1998. By another order dated 20.11.1998, SCI was directed to discuss all issues relating to Bazarmen only with the Trade Unions recognized and approved by the Ad-hoc Committee in respect of Port of Calcutta.
(2.) We are informed that from the year 2002, the role of SCI came to an end. Consequently, the Directorate of Shipping Services, A&N Administration took back the responsibility, decided to make arrangement for canteen facilities on the ships and therefore issued a Tender Notice dated 18.11.2002 inviting tenders for on board services in five vessels, that is catering canteens for cabin class and Bunk Class Passengers, two restaurants for passengers and for supply of provisions for the officers and crew for the period 26.1.2003 to 25.1.2004. The Brochure provided with the tender form, it is stated, required the tenderer-proposed contractor to ensure (i) that Bazarmen to be employed for the canteens should be in possession of a valid continuous discharge certificate; and (ii) that though entitled to recruit canteen staff of their own choice, the contractors should give preference to local candidates.
(3.) The Bazarmen who were being employed by the then existing contractor (from the operating lists of 69 and 79 Bazarmen) were aggrieved, as their chances of appointment would be affected if preference was to be given to locals or others who were not in the list. The appellant union, on their behalf approached the Circuit Bench of the Calcutta High Court in W.P. No. 40/2003 for quashing the said tender notice dated 18.11.2002.;