S.Chatterji, J. - (1.) -The present writ petition has been filed by Hinterland Seamen Union against Union of India and the Director General of Shipping, Bombay besides the Secretary (Shipping and Transport), Andaman and Nicobar Administration, Director of Shipping Services, Port Blair and the Surveyor in-charge, Mercantile Marine Department, Port Blair. The petitioner has prayed inter alia : (a) injunction restraining the respondents, their subordinates agents and/or each of them from giving effect and/or further effect to the impugned order of punishment for forfeiture of wages of those seamen dated 31st March, 1992 passed by the Shipping Master, Port Blair pursuant to the suo moto purported enquiry conducted by him ; (b) injunction restraining the Director of Shipping Services, Port Blair acting as Shipping Master pursuant to the order vide no. A-36019/1/89-MA dated 18th December, 1989, issued by the Under Secretary, Surface Transport (Shipping Wing), Government of India from acting as Shipping Master at Port Blair till the disposal of the writ application.
(2.) It is stated in detail that the petitioner Union exists for bargaining and ensuring the betterment of the service conditions of the Seamen and serving their interest. The petitioner has mainly challenged the order No. A-36019/1/89-MA dated 18th December, 1989 issued by the Under Secretary, Surface Transport, Shipping Wing, Government of India besides other consequential reliefs on the ground that the respondent authorities have acted mala fide in appointing the Director of Shipping Services, Port Blair as the Shipping Master by the aforesaid Notification dated 18th December, 1989. It is contended that the said Director of Shipping Services is one of the owners of the ships. But without following the provisions of the statute he has been appointed as the Shipping Master at Port Blair by the impugned Notification and such Notification is not in accordance with law. The grievance of the petitioner is that any Officer of the Shipping Services cannot be appointed as the Shipping Master as the statute provides that the dispute between the owner and any of the crew will be heard and decided by the Shipping Master. But in the instant case the Central Government has acted mala fide in appointing the Director of Shipping Services as the Shipping Master and such appointment of the said Director of Shipping Services is bad in law. The petitioner has placed on record that the Director of Shipping Services had earlier tried to frustrate the issue of permanency of the crew members and/or he was involved in the case of victimisation of 47 crew members during the period of strike and both the matters were challenged by the petitioner-union and the matters are pending before the Division Bench of this Court. While the writ petition was entertained by directing to file affidavits, there is no interim order although prayed by the petitioner by a subsequent petition also.
(3.) The writ petition is opposed by the respondents by filing an affidavit in opposition sworn to, the Secretary (Shipping and Transport), Andaman and Nicobar Administration. It is placed on record that the Director of Shipping Services is an employee and no particular individual and/or Government Officer is owner of any ship or ships. The Government itself is the owner and all the Officers attached to the Shipping and Transport Department are Government employees. The Director of Shipping Services is also an Officer of the Andaman and Nicobar Administration. The Government of India, Ministry of Surface Transport, has conferred powers of Shipping Master to the Director of Shipping Services vide Notification No. GSR-1056(E) dated 19.12.1989 in exercise of the powers under section 11 of the Merchant Shipping Act. The management of inter-island vessels belonging to the Government has been entrusted to Shipping Corporation of India and the Officers and crew for managing the vessels are being employed by the Shipping Corporation of India. The Director of Shipping Services is neither the owner nor the agent in respect of those vessels. All other allegations in the writ petition has been denied.;