A.M. Damian Leenus, v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2023
CORAM:
THE HON'BLE MR.JUSTICE J. SATHYA NARAYANA PRASAD W.P(MD). No.13990 of 2011 and MP (MD).No.2 of 2011 A.M.Damian Leenus ... Petitioner vs.
1. Union of India, Rep.by Ministry of Shipping & Transport Transport Bhavan, Parliament Street, New Delhi 110 001.
2. The Chairman V.O. Chidambaranar Port Trust, Tuticorin 628 004.
3. The Board of Trustees, rep.by its Chairman V.O.C.Port Trust, Tuticorin 628 004.
4. The Traffic Manager, Traffic Department, V.O.C.Port Trust Tuticorin 628 004.
5. The Regional Labour Commissioner (Central) 26, Haddows Road, 1/14
Sashtri Bhavan, Chennai.
6. The General Secretary, Tuticorin National Harbour Workers Union, 147, Great Cotton Road, Tuticorin 528 001.
7. The General Secretary, Tuticorin Port and Dock Workers Union, Door No.7, Theppakulam Street, Tuticorin 628 002.
8. The General Secretary, Tuticorin Harbour Workers Union, 69, Periera Street, (Upstairs), Tuticorin 628 001.
9. The General Secretary, Tuticorin Harbour Dock Workers Union, 145/1-A, Ettayapuram Road, Tuticorin 628 002.
10. The General Secretary, Tuticorin Streaner Workers Union, 3/342, Lourdammmalpuram II Street, Tuticorin - 1.
11. S.Muthukrishnan
12. P.Anto Fernando
13. A.X.Panimayaraj P.Rayar
14. C.Francies Fernando
15. S.Krishnan 2/14
16. V.Sethuramalingam
17. L.Veeraperumal
18. R.Sudalaiyandi 19.T.Piules V Rayer 20.A.Sagayaraj 21.K.Danasekaran 22.J.Anson Fernando 23.K.Murugan 24.G.Nambirajan 25.S.Veerapandian 26.J.Kasper Rex 27.D.Shanmuga Sundaram 28.K.Palani Velayutham 29.B.Alex 30.C.Kalyana Sundara Raja 31.A.Lawrence Corera 32.L.Murugesan 33.G.David Gnanakan 34.L.Maria Paul Kennedy 3/14
35.A.Santhana Sankar 36.G.Elisa 37.P.Joseph Moraise 38.S.Bala 39.J.Anton P.Rayer 40.A.Jesu Antony 41.S.Joe Agustin 42.D.Sasidaran 43.J.Selvam Rodriquez 44.S.Panjabakesavan 45.M.C.James 46.G.Senthilvel 47.B.Samsudeen 48.A.Baskaran ... Respondents R6 to R48 impleaded as per order dated 02.07.2014 in MP.No.1 of 2013 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to quash the clause (3) of the official communication in No.LB-13015/2/2007-L-II of the 1st respondent dated 18.02.2011 and clause (4) and (15) to (23) of 4/14
consequential settlement under Section 12(3) of the Industrial Disputes Act, 1947 dated 27.07.2011 and clause (iv) of consequential resolution passed by the Board of Trustees, 3rd respondent herein, in Resolution No.68 and clause
(2) of Consequential Office order in No.T-CHD/Estt/Reg.order 11/06/2011 issued by Traffic Department, TPT, the 4th respondent herein, dated 19.11.2011 and consequently direct the respondents 1, 2 & 3 to merge the original listed employees as on 01.09.1981 of Cargo Handling Workers (labour pool) of the Tuticorin Port Trust with the employees of the V.O.Chidambaranar Port Trust without any condition and regularise service of listed workers w.e.f. 01.01.2000.
For Petitioner : Mr.Abraham Prabhu For Respondents : M/s.Madhana Gopal Rao for R1 Mr.Ramesh Venkatachalapathy for Mr.Yashwanth for R4 M/s.Ashok Kumar Ram for R5 M/s.Arivuchandran for R2 M/s.Ponniah for R3 M/s.C.Venkatesh Kumar for R11, R12 & R16
ORDER
This writ petition has been filed to quash the clause (3) of the official communication in No.LB-13015/2/2007-L-II of the 1st respondent dated 18.02.2011 and clause (4) and (15) to (23) of consequential settlement under Section 12(3) of the Industrial Disputes Act, 1947 dated 27.07.2011 5/14
and clause (iv) of consequential resolution passed by the Board of Trustees, 3rd respondent herein, in Resolution No.68 and clause (2) of Consequential Office order in No.T-CHD/Estt/Reg.order 11/06/2011 issued by Traffic Department, TPT, the 4th respondent herein, dated 19.11.2011 and consequently direct the respondents 1, 2 & 3 to merge the original listed employees as on 01.09.1981 of Cargo Handling Workers (labour pool) of the Tuticorin Port Trust with the employees of the V.O.Chidambaranar Port Trust without any condition and regularise service of listed workers w.e.f. 01.01.2000.
2. Heard both side and perused the materials available on record.
3. The learned counsel appearing for the petitioner submitted that the representation dated 16.03.2023 given by the petitioner has been considered by the 2nd & 4th respondents and the same has been rejected stating that the petitioner has already superannuated. He further submitted that the 2nd & 4th respondents may consider the representation of the petitioner afresh based on the counter affidavit filed in W.P.No.18920 of 1999, wherein at paragraph No.3, it is stated as follows:- 6/14
"3. The agreement dated 14.10.1998 was entered into in the context of the recommendations of the Committee of Port Officers that the decasualised cargo-handling workers of the Tuticorin Stevedores' Association (Labour Pool) as well as the 64 staff and officers of the Administrative Wing of the Tuticorin Steverods' Association (Labour Pool) should be brought under the administration, management and control of an independent Division of the Port Trust, known as Cargo Handling Division. After examining the proposal of the Port for the formation of the Cargo Handling Division of the Port as recommended by the Committee, the Govt.of India did not approve the proposal to merge the Tuticorin Stevedores Association (Labour Pool) with the Port Trust.
Instead it has approved a Scheme whereby the TSA (Labour Pool) will be maintained only as a separate pool. It will retain most of its present characteristics but it will be managed by an officer of the Port. The details of the Scheme as approved by the Government are submitted as Annexure I. It is clear from the draft scheme that there is no move to absorb or appoint the 64 staff and officers into Port service. No posts have been sanctioned by the Govt. or the Board of Trustees to make such appointments. The draft Scheme envisages interchangeability among the workers within the Pool but does not provide for interchangeability between the 64 staff and officers of the Labour Pool and the staff and officers of the Tuticorin Port Trust. In view of this, the agreement dated 14.10.
98 between the petitioner Union and others and the Port Management regarding appointment of a One-man Commission to study the legality of the absorption of the staff and officers of the Administrative Wing of the Tuticorin Stevedores Association (Labour Pool) and the modalities of their absorption, if they are to be absorbed, has become infructuous.
not based on facts and hence the petition it is liable to be dismissed in limine".
4. In view of the paragraph No.3 extracted supra, the 2nd & 4th respondents are directed to consider the petitioner's representation dated 16.03.2023 afresh and pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. This order is applicable to the petitioner and shall not be taken as precedent in any other case.
5. With the above direction the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 24.04.2023 (2/2) dpq Index :
Yes/No Speaking Order :
Yes/No 8/14
To
1. Union of India, Rep.by Ministry of Shipping & Transport Transport Bhavan, Parliament Street, New Delhi 110 001.
2. The Chairman V.O. Chidambaranar Port Trust, Tuticorin 628 004.
3. The Board of Trustees, rep.by its Chairman V.O.C.Port Trust, Tuticorin 628 004.
4. The Traffic Manager, Traffic Department, V.O.C.Port Trust Tuticorin 628 004.
5. The Regional Labour Commissioner (Central) 26, Haddows Road, Sashtri Bhavan, Chennai.
6. The General Secretary, Tuticorin National Harbour Workers Union, 147, Great Cotton Road, Tuticorin 528 001.
7. The General Secretary, Tuticorin Port and Dock Workers Union, Door No.7, Theppakulam Street, Tuticorin 628 002.
9/14
J. SATHYA NARAYANA PRASAD, J.
dpq
8. The General Secretary, Tuticorin Harbour Workers Union, 69, Periera Street, (Upstairs), Tuticorin 628 001.
9. The General Secretary, Tuticorin Harbour Dock Workers Union, 145/1-A, Ettayapuram Road, Tuticorin 628 002.
10. The General Secretary, Tuticorin Streaner Workers Union, 3/342, Lourdammmalpuram II Street, Tuticorin - 1. W.P.(MD) No.13990 of 2011 and MP(MD).No.2 of 2011 (2/2) 24.04.2023 10/14