M/S Andaman And Nicobar Seaman Union v. The Honourable Lt.Governor And Others
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/177/2025 M/s. Andaman and Nicobar Seaman Union Vs.
The Hon'ble Lt. Governor and others Mr. Lokesh Chezian N .... for the petitioners Mr. V. D. Sivabalan Mr. Arun S. Kumar ... for the respondents February 25, 2026 [AKB] Item No.26 The writ petition has been filed by the petitioner seeking direction, inter alia, as follows:
"a) A writ of and /or in the nature of Mandamus do issue commanding the respondents each of them to act in accordance with law, to complete the process of wage negotiation initiated by the respondents for Inter Island sector for the period 2012-2026 within a period of one month from the date of order passed by this Hon'ble Court.
b) A writ of and /or in the nature of Mandamus do issue commanding the respondents to release the arrears of wages and current wages to the seaman of the Inter-Island Sector as per the Draft wage agreement signed by the Union with the Chairman of the Wage negotiation of committee (Annexure P- 12) within a period of one month from the date of passing of orders by this Hon'ble Court.
c) A writ of and /or in the nature of Mandamus do issue commanding the respondents to pay the simple interest @ 6% for the pending wages from the period from 2012-2026. d) A Writ in the nature of Certiorari do issue commanding the respondents particularly respondents, to forward up the records of the entire proceedings pertaining to the applicants before this Hon'ble Court so as to render conscionable justice to the petitioner e) Rule Nisi in terms of prayer (a) to (c) above. f) If no cause or insufficient cause is known, the Rule is made absolute.
g) Costs of and incidental to this application be borne by the respondents.
h) Such further or other order or orders be made and/or directions be passed as may deem fit and proper in the interest of justice." The brief facts of the case of the petitioner that the petitioner is registered union under the Trade Union Act, 1926 in the name and title as Andaman Nicobar Seaman Union under the Merchant Shipping Act, 1958. Seafarers have
grievances of revision of wages. It is an usual practice that majority Union under the said sector will be authorize by the Shipping Company/The Directorate of Shipping Services for wage negotiation, which will be held once in a two year. After 2012 no wage agreement was executed by the Directorate of Shipping Services/Shipping Company as such the writ petitioner approached this court being aggrieved with no wages agreement since 2012. Subsequently, the Wage Negotiation Committee was constituted vide order No. 1627 dated 11.07.2024 to negotiate the Charter of Demands submitted by the Andaman and Nicobar Seaman Union (in short ANSU) for wage revision and other services conditions. The meeting was held on 24.08.
2024 for the settlement of the revision of wages in respect of crew members working on board the Andaman and Nicobar Administration vessels for inter-islands sector with the respective majority union and after conclusion of the meeting the majority Union and ANSU, was mutually agreed and settled by way of signing a Draft MoU with Administration for implementation of the Wage Agreement. However, the said agreement should be approved by the competent authority and for that the same was sent to Administration for obtaining approval of financial sanction. The matter was also referred to Personnel, Law and Finance wing of the Administration for obtaining concurrence.
their affidavit in opposition. There were no objections from any corner and pursuance to the O.M. dated 30.10.2023 of MHA for necessary approval needed to be obtain for implementation of the wage agreement made under Draft MOU. The said case is still pending before the MHA.
During pendency of this case, Coordinate Bench impleaded the Secretary, Ministry of Home Affairs, Government of India and the Secretary, Ministry of Ports, Shipping & Waterways (MOPSW) being respondent Nos. 9 and 10. Today, learned counsel appearing on behalf of the respondent No. 9-10 files a letter dated 06.02.2026 indicating contents therein that the subject matter of the writ petition is pending between M/s Andaman and Nicobar Seaman Union and another vs The Hon'ble Lt. Governor, Andaman and Nicobar and others and the same may be decided by the local Administration. So, now question of approval from the MHA does not requires. Decisions may be taken by the local Administration.
Let the letter dated 06.02.2026 filed by the respondents be kept with the records.
In the above back drop, this writ petition is disposed of with a direction upon the respondent No. 6 to take immediate steps in view of the Draft MoU signed between the parties for implementation of wage revision and other service conditions
within eight weeks from the date of communication of this order.
With above observation, the writ petition being WPA/177/2025 is thus disposed of without order as to costs. (Ajay Kumar Gupta, J.)