sat 1 wp 1220-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1220 OF 2011 Forward Seamen's Union of India ...Petitioner vs. Union of India & Ors. ...Respondents Mr.D.D. Madon, Senior Counsel with Ms.Jane Cox for the Petitioner. Mr.Rajender Kumar with Mr.N.R. Prajapati for Respondent Nos.1, 4 and 5. Mr.J.P. Cama, Senior Counsel with Mr.Manek J. Kalyaniwala i/b. M/s.Mulla & Mulla & C.B. & C. for Respondent No.2. Mr.A.V. Anturkar i/b. M/s.Salgaonkar & Co. for Respondent No.3. CORAM : D.B. BHOSALE AND M.L. TAHALIYANI, JJ. OCTOBER 17, 2011 P.C :- 1 Heard Mr.Madon, learned Senior Counsel for the petitioner, Mr.Rajender Kumar, learned Counsel for respondent Nos.1, 4 and 5, Mr.Cama, learned Senior Counsel for respondent No.2 and Mr.Anturkar, learned Counsel for respondent no.3. 2 Respondent nos.1 and 4 have filed reply affidavit dated 4th August, 2011. Learned Counsel appearing for respondent nos.1 and 4 submits sat 2 wp 1220-2011 that he also has instructions to appear for respondent no.5-Chief Labour Commissioner (Central). He invited our attention to their reply affidavit and submitted that it is open to the petitioner to approach the Cheif Labour Commissioner, Government of India, for redressal of their grievance. The relevant statements made on affidavit read thus :- “4. xxxxxxxx xxxxxxxx xxxxxxxx, it is further stated that the said the one person Tribunal in its recommendations, with regard to the said terms and reference on the issue of verification of such membership, correctly held that such verification should be undertaken under the overall supervision of the Chief Labour Commissioner, Govt. of India. Hence, on the matter of verification of membership of the Unions, the appropriate authority is the Chief Labour Commissioner, Ministry of Labour, Govt. of India and not the Respondent Nos.1 & 4 or the Merchant Shipping Act, in any way. 8. xxxxxxx Moreover, verification of the membership of the Labour, Unions is a mandate of the Labour Commissioners under the Ministry of Labour, Govt. of India and in under their jurisdiction. Hence, Respondent No.4 has no role, whatsoever, to play in the verification of the membership of Unions. 11(c). It is pertinent to mention here that the one person Tribunal, constituted under section 150 of the sat 3 wp 1220-2011 M.S. Act, 1958, under the order dated 16.02.1999 of the Bombay High Court in Writ Petition No.405/99, on the terms of reference regarding verification of such membership, had very clearly and rightly recommended the procedure for such verification, stating that the law of the land is settled by the Supreme Court judgment (FCI Staff Union vs. FCI & others dated 17.02.1995 reported in Vol 86 FJR 717) and such verification can be undertaken under the overall supervision of the Chief Labour Commissioner, Govt. of India. As such, it is submitted that the verification of membership of the trade unions, by a secret ballot, is not under the purview of the Respondent Nos.1 & 4, at all. As such, the Petition may be rejected with cost." (emphasis supplied) 3 In view of the statements made on affidavit by respondent nos.1 and 4 and the submissions made by learned Counsel for respondent nos.1, 4 and 5, Mr.Madon, learned Senior Counsel for the petitioner prays for withdrawal of the writ petition with liberty to the petitioner to approach the Chief Labour Commissioner (Central) for redressal of their grievance. 4 Mr.Anturkar, learned Counsel for respondent no.3 submits that the Chief Labour Commissioner has no jurisdiction to enter into and decide the issue raised by the petitioner. 5 In view of the submissions of learned Counsel for the parties and sat 4 wp 1220-2011 so also the statements made on affidavit by respondent nos.1 and 4, we pass the following order :- a) The petition is disposed of as withdrawn. b) It is open to the petitioner to approach the Chief Labour Commissioner (Central) within a period of six weeks for redressal of their grievance and/or for verification of the strength of the petitioner and respondent no.3-Union. If the petitioner approaches the Chief Labour Commissioner (Central) as aforementioned, the Chief Labour Commissioner (Central) may consider their application on merits in accordance with law. c) If the respondent no.3-Union raises any objection, their objection may also be considered. d) All contentions of the parties are kept open. sat 5 wp 1220-2011 It is made clear that we have not examined merits of the case and/or rights of the parties to approach the Chief Labour Commissioner. 6 We hope and trust that the Chief Labour Commissioner (Central) shall consider and decide the petitioner’s application, as expeditiously as possible and preferably within a period of one year from the date of filing of the application. 7 With these observations, the writ petition is disposed of. (M.L. TAHALIYANI, J.) (D.B. BHOSALE, J.)