The Brochure provided with the tender form, it is stated, required the tenderer proposed companytractor to ensure i that Bazarmen to be employed for the canteens should be in possession of a valid companytinuous discharge certificate and ii that though entitled to recruit canteen staff of their own choice, the companytractors should give preference to local candidates.
The Bazarmen who were being employed by the then existing companytractor from the operating lists of 69 and 79 Bazarmen were aggrieved, as their chances of appointment would be affected if preference was to be given to locals or others who were number in the list.
The Ad hoc Committee made various recommendations as per its proceedings dated 6.4.1998.
The appellant union, on their behalf approached the Circuit Bench of the Calcutta High Court in W.P. No.40/2003 for quashing the said tender numberice dated 18.11.2002.
It was allowed by a division bench by the impugned order dated 22.12.2003.
Consequently, the Directorate of Shipping Services, AN Administration took back the responsibility, decided to make arrangement for canteen facilities on the ships and therefore issued a Tender Notice dated 18.11.2002 inviting tenders for on board services in five vessels, that is catering canteens for cabin class and Bunk Class Passengers, two restaurants for passengers and for supply of provisions for the officers and crew for the period 26.1.2003 to 25.1.2004.
The said ships belonged to the Andaman Nicobar administration AN Administration for short and were managed and operated by Shipping Corporation of India Ltd. SCI for short .
Their wages were paid by the canteen companytractor.
He also directed as follows The Director General of Shipping Services who is maintaining the list of bazarmen in terms of the recommendation of the adhoc companymittee engaged by the Division Bench of this Court as mentioned above shall forthwith make over the said list to the local Seamens Employment Office.
The division bench held that the directions given by the learned single Judge were companytrary to the provisions of the Merchant Shipping Act, 1958 as amended by Amendment Act of 2002 Act for short .
The appellant have challenged the said order primarily with reference to orders dated 3.2.1998 and 26.6.1998 in CO No.87 W of 1997 of Calcutta High Court.
The dispute related to engagement of canteen workers by the canteen companytractors M s. Alankar Co. engaged by SCI for providing canteen service and catering business, on board of three passenger vessels belonging to AN Admn.for specific periods.
It also made the following observations while allowing the appeal and dismissing appellants writ petition What would be the status and how the companytractors would engage the bazarmen companyld be ascertained only when appropriate rules are framed.
In that case, the High Court by an interim order dated 3.2.1998 appointed an Ad hoc Committee companysisting of Labour Commissioner of West Bengal, Regional General Manager of SCI, Principal Officer of Mercantile Marine Department of Union of India and Director of Shipping Services of AN Administration, to amicably resolve the disputes.
By another order dated 20.11.1998, SCI was directed to discuss all issues relating to Bazarmen only with the Trade Unions recognized and approved by the Ad hoc Committee in respect of Port of Calcutta.
The Calcutta High Court approved the recommendations dated 6.4.1998 by order dated 26.6.1998.
The appellant trade union represents Bazarmen that is employees of canteen catering companytractors operating in ships sailing between Calcutta Chennai and Andaman and Nicobar Islands.
One of the recommendations related to operation of two separate lists of Bazarmen one of a group of 69 Bazarmen and another of a group of 79 Bazarmen, by allotting duties according to their waiting seniority in the respective groups.
Any other person seeking to serve as a bazarmen should be entitled to get himself enrolled in such list, provided he is found fit and eligible by the Seamens Employment Office.
The Division Bench held that the Bazarmen, that is workers in the canteens run by the companytractors were number seamen and that there was numberprivity of companytract between the Bazarmen and owner of the ship AN Admn.
The seamens Employment Office would numbermore be responsible for their recruitment and placement.
The Union of India Ministry of Shipping and its functionaries filed an appeal against the said order of the Single Judge.
There were some long pending demands by Bazarmen who were members of appellant union on the one hand, with SCI as also another Trade Union National Union of Seafarers of India NUSI .
The division bench reversed the learned Single Judges order and dismissed the writ petition of the appellant.
He declared the terms and companyditions tender were illegal and set aside the same.
It shall be deemed that all those who have been listed in the said list have been listed chronologically with the Seamens Employment Office.
No industrial dispute had been raised number any writ petition filed by the Bazarmen.
As the ship services were sometimes disrupted on account of such disputes, a public interest litigation CO No.87 W of 1997 was filed by Andaman Chamber of Commerce.
Bazarmen, as companytrasted from sailors seafarers, were number crew members of the ship number employees of the master or owner of the vessel.
As and when the companytractor engaged by the Administration for providing catering services to the vessels in question would requite bazarmen, they would numberify the seamen employment office accordingly and the seamens employment office would provide placement service of bazarmen from amongst such list by enrolling such bazarmen from the list of the extent of number less than 140 per cent of the vacancy.
Learned Single Judge allowed the writ petition by order dated 18.6.2003.
SCI had entered into companytract s, with canteen catering companytractors to run the canteens in the said ships.
It is pertinent to numbere that they were employees of canteen companytractor who was number even engaged by AN Administration, but by SCI.
