ASHIM KUMAR BANERJEE,J. - (1.) PRIOR to 2011, only one Union was operating in the inter island route looking after the interest of the Seamen working in the sea-going vessels under the Directorate of Shipping. However, in 2011, another Union was formed that would give rise to the present writ petition.
(2.) AS per the arrangement, every two years, the Union used to negotiate the wages and service benefits of the seamen working in these islands. Last of such charter of demand was settled and an agreement was entered into for the year 2006-2008. Pertinent to note, although the said bipartite agreement was made for the period 2006-2008, the same was signed in 2009. On December 29, 2009, the Inter Island Seamen Union submitted a charter of demand for the seamen working on the foreshore sector for the period from April 01, 2008 to March 31, 2010. The charter of demand would include increase in the basic wages and other perquisite and service benefits. The appellants would contend, on one pretext or the other the authority delayed the negotiation. In 2011, a rival Union started functioning in the sector, being National Union of Seafarers of India, and made a rival claim for recognition to the authority. The authority raised an industrial dispute for verification of the strength of the rival unions to find out the dominating union before they could enter into bipartite agreement settling the charter of demand. The Inter Island Seamen's Union filed the writ petition, inter alia, asking for setting aside the orders dated April 11, 12 and 26, 2012 passed by the authority in relation to verification of the rival strength.
(3.) THE Directorate of Shipping contested the writ petition. The rival union also intervened. The learned Single Judge passed an order dated July 06, 2012 by observing, there was no irregularity if, the Labour Commissioner verified the membership of the respective union by setting up of a committee. The learned Judge declined to interfere and dismissed the petition finding the same as meritless. Being aggrieved, the Inter Islands Seamen's Union filed the instant appeal.;