Indian shipping companies will have to hold wage talks with the majority seafarers' union. Their request for constitution of a Tribunal to adjudicate disputes between shipowners and seafarers were turned down by the court.
Rejecting a petition filed by Indian National Shipowners Association seeking a court directive on the formation of the tribunal, the Bombay High Court on Friday upheld its earlier order on the subject.
In an April 2006 order, the High Court had directed the shipowners' association to negotiate with National Union of Seafarers of India having the largest membership, according to the Regional Labour Commissioner.
However, for some reason, the Forward Seamen's Union of India – the number two union in terms of membership was also made a party to the last wage settlement.
Subsequently, this union started asking for equal representation on the wage negotiating body-National Maritime Board. This led to inter-union rivalry.
Tribunal creation
The rivalry between both the unions and the constant strike threat had forced INSA to request the government to set up a Tribunal under section 150 of the Merchant Shipping Act for settling the wage dispute.
However, the government had advised the shipowners body to follow the court directive.
Subsequently, INSA filed a petition in the Bombay High Court, earlier this year, seeking its directive on the representation of the unions on wage negotiating body NMB and the creation of the Tribunal.
Negotiation
With the Bombay High Court today upholding its earlier order directing shipowners to negotiate with the majority union, they have now little option but to negotiate with the NUSI. The court did not see any merit in the request for setting up a tribunal.
Mr Abdul Gani, Secretary- General, NUSI, said it will resume wage negations with INSA soon. He said the shipowners should have honoured the earlier court order.
The court also restrained the union from going for strike against its order.
Both the unions represent ratings petty officers--seafarers other than marine officers. The last wage settlement was signed in 2010.
Victory for seafarers
“This is a big victory for the seafarers as the agreement was pending for the past fifteen months. NUSI has demanded from the shipowners that the negotiation should commence immediately which will bring much relief to the Indian seafarers.
This is the best gift the Indian seafarers have got on the eve of the first ever "International Seafarers Day", said a statement issued by NUSI.
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