K.Abdulla v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [ CIRCUIT BENCH AT PORT BLAIR ] ** WPA/165/2021 K. Abdulla ... Petitioner Vs.

The Andaman and Nicobar Administration and others ... Respondents Mr. V. D. Sivabalan, Advocate ... for the petitioner Mrs. Krishna Rao, Advocate ... for the respondents September 10, 2021 [SR] Item No.7 The individual member of the Andaman Marine Seaman Union has invoked the jurisdiction of this writ court with a direction upon the respondent no.3 to comply with the award dated 30.06.2000 passed by the Presiding Officer, Labour Court at Port Blair in I.D. No.11 of 1994, judgement dated 25.07.2007 passed by the Hon'ble High Court at Port Blair in WP No.068 of 2001 being affirmed by the Hon'ble Supreme Court vide order dated 28.03.2019 in Civil Appeal No.8436-8437 of 2009 within a stipulated period of time positively within a period of fifteen days from the date of the order. Such direction was sought for by Andaman Marine Seamen Union being represented by its General Secretary whereas the writ petitioner as an individual member is seeking compliance of the award for the payment of his dues which stood affirmed by the Hon'ble Supreme Court.

Mr. Krishna Rao, learned counsel appearing for the respondents submits that the writ application for a direction in the instant case is not maintainable in view of the provision of section 33 (C) of the Industrial Disputes Act, 1947 by individual member. The provision of Section 33 (C) of the Act enjoins for recovery of money due from an employer. The award which has been passed is a collective award in favour of the Andaman Marine Seaman Union and not in favour of any individual. If the petitioner wants to seek relief of payment of dues, he can very well invoke the provision of 33 (C) of the Industrial Disputes Act, 1947.

At the stage of such hearing, the petitioner submits for withdrawal of the writ application with liberty to file fresh application on the self-same cause of action by collective representation through General Secretary of the said Union. The petitioner is at liberty to seek such redressal for compliance of the award in respect of the payment of members of the union collectively by the Union itself not individually by the petitioner/member.

Thus, the writ petition, being WPA/165/2021, is disposed of with liberty to the Andaman Marine Seamen Union to seek requisite relief treating the instant writ petition as withdrawn There shall be, however, no order as to costs.

( Shivakant Prasad, J. )