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Judgment
Indira Banerjee, J.—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.
The Court directed that any dispute would be resolved in accordance with section 150 of the Merchants Shipping Act, 1958.
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.
Section 150(4) provides that the Tribunal shall dispose of the reference expeditiously and shall, as soon as practicable on the conclusion of the proceeding, submit its award to the Central Government.
Sub-section (5) of section 150 provides that the Central Government shall, on receipt of the Award cause it to be published and the award shall become enforceable on expiry of 30 days from the date of such publication.
Disputes have cropped up over the victual allowances claimed by Seamen for the period from 2006 to 2012 in respect of the crew members in the Inter-island Sectors.
Pursuant to the aforesaid order of this Court, the Ministry of Shipping has constituted a one Personnel Tribunal to adjudicate the dispute over victual allowances for the period 2006 to 2007 between the crew members of the Inter-island Sector and the Directorate of Shipping Services.
The documents show that the Tribunal held sittings from time to time and after hearing on 2.4.2012 and 3.4.2012, the Tribunal reserved its award.
Mr. Bahadur submits that the Tribunal has made an award which has been forwarded to the Ministry of Shipping. In the writ petition it is pleaded that the writ petitioners are not aware whether the Tribunal has forwarded its award to the Ministry of Shipping.
Mr. Bahadur submits that as per section 150(5) the award is to be published on receipt of the same and the award becomes enforceable on expiry of 30 days from the date of such publication. However, the proviso to section 150(5) provides that where the Central Government is of opinion that it will be inexpedient on public grounds to give effect to the award or any part of it, it may, before the expiry of the said period of thirty days, by order in the Official Gazette, either reject the award or modify it, and where the Central Government does so, the award shall not become enforceable or shall become enforceable subject to the modifications.
Once the award becomes enforceable under the aforesaid section, it is binding on all parties to the dispute and in case of the owner of the ship it is binding on his heirs, successors'' or assigns.
The learned Tribunal is in terms of the Merchant Shipping Act, 1958 and in particular sub-section (4) thereof obliged to dispose of the reference expeditiously and as soon as practicable upon the conclusion of the proceedings and to submit its award to the Central Government. It appears that almost eight months have expired since the date on which award was reserved.
Mr. Bahadur submits that the petitioners have received information that the award has already been forwarded to the Ministry of Shipping but the same has not been notified.
The writ application is disposed of by directing that the award, if not already forwarded to the Ministry of Shipping, shall be forwarded expeditiously preferably within 30 days from the date of communication of this order.
If the award has already been forwarded to the Central Government, the Central Government shall, within a fortnight, cause the same to be published. The writ application is disposed of.
Affidavit not having been called for, allegations in the writ petition shall be deemed not to have been admitted.