Notification for W. P. No. 28407 of 2020 filed by FSUI Vs the Secretary MoPSW and 5 others in the Honble High Courts of Kerala at Ernakulam

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-09012024-251229 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 91] NEW DELHI, TUESDAY, JANUARY 9, 2024/PAUSHA 19, 1945 MINISTRY OF PORTS, SHIPPING AND WATERWAYS NOTIFICATION New Delhi, the 8th January, 2024 S.O. 98(E).—Whereas, the Forward Seamen's Union of India (FSUI) filed Writ Petition No. 28407 of 2020 against the Ministry of Ports, Shipping and Waterways and others at the Hon'ble High Court of Kerala, urging the establishment of a Tribunal under Section 150 of the Merchant Shipping Act, 1958. 2. And whereas, vide the Order dated 07.11.2022, issued by the Hon'ble High Court of Kerala at Ernakulam, mandated the Central Government to establish a Tribunal under Section 150 of the Merchant Shipping Act, 1958, within three months from the aforementioned date. The Court's order stemmed from the above petition of FSUI (Writ Petition No. 28407 of 2020) against the Ministry of Ports, Shipping & Waterways and others, emphasizing the necessity of setting up the Tribunal for collective redressal mechanisms concerning seafarers' rights in the case. 3. And whereas, the Central Government, in respect to the Order of the Hon'ble High Court of Kerala at Ernakulam, recognizes the concerns raised by the petitioner, the Forward Seamens' Union of India (FSUI), pertaining to the wages, allowances, and working conditions of seafarers. employed on vessels within the Union Territory of Lakshadweep, managed by the Lakshadweep Development Corporation Ltd. (LDCL) and third-party agencies. 4. And whereas the Central Government is of the opinion that dispute relating to employment of seafarers in the matter exists, between the seafarers/said seafarer Union and the Lakshadweep Development Corporation Ltd. (LDCL) and third-party agencies. 5. Now therefore, the Central Government, in exercise of powers vested under Section 150 of the Merchant Shipping Act, 1958 (44 of1958), constitute the Tribunal with the following persons, for adjudication of the above dispute. +--------+-------------------------------------------------------------+-------------+ | Sr. No. | Name of the Official | Designation | +========+=============================================================+=============+ | 1 | Capt. Harish Khatri, Ex-Deputy Nautical Advisor, Directorate | Chairman | | | General of Shipping | | +--------+-------------------------------------------------------------+-------------+ | 2 | Sushri S. Priya (Advocate, Venky's Chamber) | Member | +--------+-------------------------------------------------------------+-------------+ 6 The Tribunal shall adjudicate and submit its award to the Central Government in accordance with sub-section (4) of section 150. [F. No. C-18018/44/2019-MA] SUSHIL KUMAR SINGH, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.