Mohammed Rafeek P.K. v. Ministry Of Shipping

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 WP(C).No. 23061 of 2015 (G) -------------------------------------- PETITIONER(S):

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1. MOHAMMED RAFEEK P.K. AGED 44 YEARS S/O.YOUSAF, PUTHIYA AZHIKAKAMKAD HOUSE, ANDROTT ISLAND UT OF LAKSHADWEEP-682 551 NOW WORKING AS ELECTRICAL OFFICER IN MV BHARAT SEEMA LDCL

2. ABDUL KAHADER P.

S/O.ABOOSALA BALALIYAR, POODIYAM HOUSE, AMINI ISLAND UT OF LAKSHADWEEP 682 552 NOW WORKING AS ELECTRICAL OFFICER IN MV THINNAKARA LDCL BY ADVS.SRI.SAIBY JOSE KIDANGOOR SMT.S.SIBHA SRI.P.M.MOHAMMED SALIH RESPONDENT(S):

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1. MINISTRY OF SHIPPING GOVERNMENT OF INDIA, GOVERNMENT SHIPPING OFFICE NAU BHAVAN, 10, RK MARG BALLARD ESTATE MUMBAI-400 001.

2. LAKSHADWEEP DEVELOPMENT CORPORATION LTD.

(A GOVERNMENT OF INDIA UNDERTAKING) REP.

BY ITS GENERAL MANAGER 27/1038 B, PANAMPILLY NAGAR, ERNAKULAM KOCHI-682036.

3. DIRECTORATE GENERAL OF SHIPPING, 9TH FLOOR BETA BUILDING, I THINK TECHNO CAMPUS KANJURMARG (EAST), MUMBAI-400 042.

R1 & 3 BY ADV. SRI.B.GOPALAKRISHNAN, CGC R2 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN R BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23061 of 2015 (G) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 :

A TRUE COPY OF CERTIFICATE OF NATIONAL TRADE CERTIFICATE ISSUED BY NATIONAL COUNCIL FOR VOCATIONAL TRAINING, MINISTRY OF LABOUR, GOVERNMENT OF INDIA.

EXT.P2 :

A TRUE COPY OF CERTIFICATE OF NATIONAL TRADE CERTIFICATE ISSUED BY NATIONAL COUNCIL FOR VOCATIONAL TRAINING, MINISTRY OF LABOUR, GOVERNMENT OF INDIA.

EXT.P3 :

A TRUE COPY OF NOTIFICATION BY 3RD RESPONDENT. EXT.P4(A) TO (K) :

A TRUE COPY OF CONTINUOUS DISCHARGE CERTIFICATE BY 1ST RESPONDENT.

EXT.P5(A) TO (D) :

A TRUE COPY OF THE CONTINUOUS DISCHARGE CERTIFICATE BY 1ST RESPONDENT.

EXT.P6 :

A TRUE COPY OF AN AGREEMENT FOR EMPLOYMENT OF 1ST PETITIONER.

EXT.P7 :

A TRUE COPY OF AN AGREEMENT FOR EMPLOYMENT OF 2ND PETITIONER.

EXT.P8 :

A TRUE COPY OF COMMUNICATION ISSUED BY 2ND RESPONDENT EXT.P9 :

A TRUE COPY OF REPRESENTATION EXT.P10 :

A TRUE COPY OF COMMUNICATION.

RESPONDENT'S EXHIBITS:- ------------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 23061 of 2015 ===================================================== Dated this the 17th day of August, 2015

JUDGMENT

The petitioners are working on board Cruise Vessels as Electrical and Electronic Officers. In the writ petition, they are aggrieved by certain orders, that are issued by the 2nd respondent, introducing new eligibility criteria for engagement of Electrical and Electronic Officers. The grievance of the petitioners in the writ petition is essentially that, acting on the basis of the new eligibility criteria, that was fixed by the 2nd respondent Corporation, their immediate employer has decided to terminate their engagement as Electrical and Electronic Officers aboard on cruise vessels. While the writ petition was filed on 29.07.

2015, it is now submitted by the learned counsel for the petitioner that the petitioners have since approached the Civil Court seeking reliefs against their immediate employer in connection with the premature termination of their services under a contract.

-2W.P.(C). No. 23061 of 2015 seeking the very same relief of reinstatement in service, pursuant to a contract entered into between the petitioners and their immediate employer. Accordingly, the writ petition is dismissed as not maintainable.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das