ADAMAN AND NICOBAR SEAMEN UNION Vs. UNION OF INDIA
LAWS(CAL)-2012-12-104
HIGH COURT OF CALCUTTA
Decided on December 20,2012

Adaman And Nicobar Seamen Union Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) The petitioner No. 1 is a Trade Union registered under the Trade Unions Act, 1926 and is represented by the petitioner No. 2, who is its General Secretary. According to the petitioners Wage Agreements have from time to time been executed with regard to the salary and allowances of Seamen employed under the Directorate of Shipping Services. The next Wage Agreement is over due. By an order dated 23rd February, 2011 in WP 203 of 2011 (Andaman and Nicobar Seamen Union and another v. The Lt. Governor and others) this Court (P.C. Ghose, J.) directed the Directorate of Shipping Services to execute Wage Agreement for the subsequent years and to notify the same within the time stipulated in the said order.
(2.) The Court directed that any dispute would be resolved in accordance with section 150 of the Merchants Shipping Act, 1958.
(3.) Section 150(1) of the Merchants Shipping Act provides that where the Central Government is of the opinion that any dispute between seamen or any class of seamen or any union of seamen and the owners of ships in which such seamen are employed or are likely to be employed, exists or is apprehended and such dispute relates to any matter connected with or incidental to the employment of the seamen, the Central Government may, by notification in the Official Gazette, constitute a Tribunal consisting of one or more persons, and refer the dispute to the Tribunal for adjudication.;


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