By the order dated 30.04.2012, the Deputy Conservator In charge had terminated the service of the respondent.
of Pilot Officer Qualification Experience Certificate of Competency as Master FG with minimum three years experience as Chief Officer.
However, the Division Bench gave opportunity to the appellants to examine the validity of the certificates of the respondent again by affording an opportunity of personal hearing.
In appeal, the Division Bench affirmed the order of the learned Single Judge.
Remuneration Scale of Pay of Rs.14500 350 18700 Approximately Rs.
As per appointment order, the appointment of the respondent is on regular basis as seen from the following Capt.
In the clarification sought for by the appellants in the companymunication dated 15.03.2011 the Deputy Nautical Advisor has clarified the same as under Singapore is a white list companyntry with IMO which means that it has been recognized by IMO to have given full companypliance to STCW Convention 1978 as amended .
It is to be pointed out that in the advertisement it was number indicated that the candidate should have a certificate of companypetency issued by the authorities which are recognized by the Government of India.
50,000/ per month Conditions apply .
We have heard Mr. Parag Tripathi, learned senior companynsel appearing on behalf of the appellants along with Mr. Keshav Thakur as well as Mr.A. Mariarputham, learned senior companynsel appearing on behalf of the respondent and perused the impugned judgment and materials on record.
As regard to recognize the CoC issued by PSA, Singapore for pilots working in your port, you may be guided by the port regulations.
The said advertisement for the Pilot Officer reads as under Vacancy 1 No.
Paul Nadar Bennet Singh as Pilot in this Port on a regular basis, by accepting the companypetency Certificate issued by the Maritime Authority of Singapore a companymon wealth companyntry .
In the case of the respondent, the Tuticorin Port Trust had sent a letter to the Ministry of Shipping dated 29.09.2008 stating that the respondent is in possession of certificate of companypetency issued by the Maritime Authority of Singapore and requesting to issue a positive clarification which may help the appellants to engage the respondent as Pilot in the appellants Port on a regular basis.
A pilot severing his companynection with the Board shall forthwith deliver his license to the Board.
This appeal arises out of the judgment and order dated 10.04.2017 passed by the High Court of Madras at Madurai in W.A. MD No.
Challenging the termination order, the respondent filed the Writ Petition before the High Court and the Learned Single Judge allowed the Writ Petition setting aside the termination order and directed reinstatement of the respondent with back wages.
The respondent filed appeal before the Chairman on 21.04.2012.
As per Tuticorin Port Authorization of Pilots Regulations, 1979, the term Pilot is defined in 2 e of the Regulations as under Pilot means a person lawful appointed and licensed as such by the Board subject to the authorization of the Central Government, to pilot in the Port any vessel as directed by the Deputy Conservator Harbor Master.
BANUMTAHI,J. Leave granted.
Certificate of Competency as Deck Officer Class I Master Mariners issued by Maritime and Port Authority of Singapore is number recognized under the provisions of Merchant Shipping Act, 1958 as amended , as well as STCW 78/95 Regulation 1/10 to companymand an Indian Ship as on date.
As per Regulations 4, Pilots to be licensed as under Every pilot shall hold a license to perform the duties of a pilot for the Port of Tuticorin and such license, subject to the sanction of the Central Government, may be issued and be revocable by the Board.
On 02.04.2012, the appellants issued a termination numberice as per Regulation 5 1 a b of the Tuticorin Port Employees Temporary Service Regulations, 1979.
The objection raised regarding the appointment of the respondent is that he was holding certificate of companypetency as Master issued by the Maritime and Port Authority of Singapore which is number treated as equivalent of the certificate granted by the Government of India.
