IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT : PRESENT : THE HON’BLE SRI JUSTICE: N.V.RAMANA WRIT PETITION No. 16388 of 2008 Between: Kakinada Port Steel Barges & Deep Water Port Workers Union, Regd. No. G-540, Kakinada-2, rep. by its Secretary, Malladi Raju. ..... Petitioner AND 1. The Govt. of A.P., rep by its Secretary, Infratrucure & Investment Department, A.P. Secretariat, Hyderabad. 2. The Govt. of A.P., rep. by its Secretary, Transport, Road & Buildings (Ports) Department, Secretariat Buildings, Hyderabad. 3. The Director, Kakinada Port, Kakinada, East Godavari District. 4. M/s. Kakinada Sea Ports Limited, rep. by its Director, Office of the Commissioner of Ports, Kakinada Port, Kakinada, East Godavari District. Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 1st respondent in deciding to handle the fertilizers at Deep Water Port instead of Anchorage Port and issuing the Letter No. 12971(1)/2006, dated. 16-06-2008 to the Secretary, Ministry of Chemicals and Fertilizes, New Delhi, permitting to handle the fertilizers at Deep Water Port instead of Anchorage Port and the proposed action of the Respondents No.1 and 2 permitting the 4th Respondent to handle the Cargo at Anchorage Port, Kakinada, detrimental to the interests of the members of the Petitioner’s Union and other workers as capricious, illegal, arbitrary and violative of the Clause 2.19.1 of the Agreement, dated. 19-03-1999 and contrary to the spirit of the G.O.Ms.No. 72, dated. 22-05-2002 and in violation of the rights guaranteed under Art. 19 & 21 of Constitution of India. The Petition coming on for admission upon perusing the petition and the affidavit filed herein and the order of the High Court dated. 31-07-2008 made herein and upon hearing the arguments of Sri Kanakamedala Ravindra Kumar, Advocate for the Petitioner and of G.P. for Transport for the Respondents, the Court made the following ORDER: “ In this writ petition the grievance of the petitioner-Kakinada Port Steel Barges & Deep Water Port Workers Union is that contrary to G.O.Ms.No.72 dated. 22-5-2000 as also Clause 2.19.1 of the Concessionaire Agreement dated. 19-3-1999, entered into by the parties, the respondents on the basis of a letter dated. 16-6-2008 issued by the Secretary, Ministry of Chemicals and Fertilizers, New Delhi are allowing the fertilizers to be handled at Kakinada Deep Water Port, Kakinada instead of at the Anchorage Port, which is detrimental to the interest of the members of the petitioner’s union and, therefore, they sought for a direction to the 1st respondent to allow handling the fertilizers at Anchorage Port instead of Kakinada Deep Water Port. ..2.. On 29-07-2008, the matter was taken up for hearing and it was adjourned to 31-7-2008, on which dated this Court ordered notice before admission and directed the 1st respondent to produce the Minutes of the Negotiations that took place between the workers union and the government. Later on 13-8-2008 it was reported that the 4th respondent-Kakinada Sea Ports Limited has received a communication from the State Government to negotiate the problem with the workers union, and sought time to negotiate. Accordingly, while granting time to negotiate, this Court directed the 4th respondent to report the developments of the negotiations. Today, when the matter is taken up, it is brought to the notice of this Court that on 8-8-2008 the Special Secretary has addressed a letter to the 4th respondent to discuss with the petitioner’s union to utilize at lest 50% of the services in handling Fertilizer Cargo at Deep Water Port and to inform the result to the government immediately. Thereafter, it seems that the 4th respondent had addressed a letter on 16-8-2008 to the Special Secretary stating that it has no locus standi or any stake to hold discussions with the petitioner union and the Deep Water Port Workers Union or any other workers unions as they are not employed by it and, therefore, the matter was referred to the Chamber of Commerce to discuss the issue with the Customs House Agents Association. It seems that another letter was addressed on 18-8-2008 to the Chairman, Cocanada Chamber of Commerce, Kakinada to submit their comments on the issue but so far no comments were received. In the circumstances, I feel that it is appropriate, and accordingly, direct the District Labour Officer to hold a joint meeting of the workers union, the 4th respondent, the Coconada Chambers of Commerce, Customs House Agents Association and other organizations, who are concerned with the matter under dispute, and try to reach out an amicable settlement, and submit a report to this Court by 28-08-2008. The learned Government Pleader for Transport is also directed to communicate this order to the District Labour Officer orally and the Registry of this Court, is directed to issue a copy of this order to the learned Government Pleader for Transport today itself. List on 28-08-2008 for orders.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary, Infratrucure & Investment Department, Govt. of A.P., A.P. Secretariat, Hyderabad. 2. The Secretary, Transport, Road & Buildings (Ports) Department, Govt. of A.P., Secretariat Buildings, Hyderabad. 3. The Director, Kakinada Port, Kakinada, East Godavari District. 4. The Director, M/s. Kakinada Sea Ports Limited, Office of the Commissioner of Ports, Kakinada Port, Kakinada, East Godavari District. 5. Two CCs to G.P. for Transport, High Court of A.P.,Hyderabad. (By Spl. Messenger) 6. One CC to Sri Kanakamedala Ravindra Kumar, Advocate(OPUC) 7. One spare copy. SAH HIGH COURT NVRJ DATED: 20-08-2008 NOTE: LIST ON 28-08-2008 FOR ORDERS ORDER WP.NO. 16388 OF 2008 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 20-08-2008 HIGH COURT NVRJ DATED: 20-08-2008 NOTE: LIST ON 28-08-2008 FOR ORDERS ORDER WP.NO. 16388 OF 2008 DIRECTION