THE GAZETTE OF INDIA; EXTRAORDINARY

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MINISTRY OF SHIPPING

(Shipping Wing)

NOTIFICATION

New Delhi, the 20th February, 2001

G.S.R. 1O40E).—Whereas in the matter ofVisakhapatnam Trawlers Workers Union andAJl India Deep Sea Fishing

Technocrats Association versus Visakhapatnam Trawlers Owners and Union of India & Othtirs (Writ Petition Nd. 3 6 97 of

1990), the Andhra Pradesh High Court, in itsOrder dated 17th September, 1990, directed the Central Government to set up~

a Tribunal under section. 150 of the Merchant Shipping Act, 1958 (44 of 1958);

AND WHEREAS

on,an appeal the Division Bench of the Andhra Pradesh

High Court, vide its Order dated 11^th March, 1991, confirmed the Order of the

Single Judge for the setting up of the Tribunal;

AND WHEREAS a Tribunal, headed by Shri J.G. Sawant, was constituted on

6^th May, 1991 under Section 150 of the said Merchant Shipping Act, 1958;

AND WHEREAS the Supreme Court, vide its Order dated 31^Bt July, 1991,

stayed the Judgement of the Andhra Pradesh High Court for constitution of the said

Tribunal;

AND WHEREAS the Supreme Court, vide its Order dated 29^th July, 1-998,

dismissed the appeal as having become infructuous;

AND WHEREAS Shri J.G. Sawant, who was heading the said Tribunal, has

expired;

NOW, THEREFORE, in exercise of the powers conferred by section 150 of the

Merchant Shipping Act, 1958 (44 of 1958), and in supersession of the Notification

SO No. 314 dated 6.5.91 of the then Ministry of Surface Transport, the Central

Government hereby constitutes a Tribunal with its headquarters at Visakhapatnam

for the adjudication of the issues raised by the Petitioners stated above and

appoints Shri K. Partha Sarathy, 'Nirvana', Plot No. 47, Door No. 7-23-4,

Kirlampudi, Visakhapatnam- 530017, Andhra Pradesh, to the said Tribunal who

shall submit the Award of the Tribunal to the Central Government within three

months from the date of publication of this notification in the Official Gazette.

The terms of reference and terms and conditions of the said Tribunal

are set out in the Schedule annexed to this Notification.

Schedule

Term* of Reference:

To adjudicate the issues raised by the petitioners in their above mentioned

petition and make appropriate recommendations.

Terms and Conditions:

(i)

The Tribunal shall have its Headquarters at Visakhapatnam and

Secretariat assistance shall be provided by the Office of the Surveyor -

In - Charge, Mercantile Marine Department, Visakhapatnam and

Principal Officer, Mercantile Marine Department, Chennai.

(ii)

The expenditure to be incurred by the Tribunal in conducting the

proceedings and TA/DA and other allied expenses shall be born by the

Surveyor-In-Charge, Mercantile Marine Department, Visakhapatnam

under the head- Travelling Expenses (Domestic) and sub-head Office

Expenses.

(iii)

The Tribunal may invite individual or any fishing Trawlers Workers or

any Union of such 'workers and Owners of the fishing Boats under

whom the concerned workers were employed for giving evidence and

obtaining information relevant to terms of reference.

(iv)

The Chairman of the one man Tribunal shall be paid Rs. 1500/- per

sitting or per day and would also be entitled to TA/DA as admissible

under rules (Explanation One sitting shall not be for less than five

hours on each occasion).

(v)

The terms of the Tribunal shall be for Three months from the date of its

constitution.

(vi)

The Tribunal will submit its report to the Central Government within 3

months from the date of its constitution.

[F.No.A-11019/27/96-MA]

M RAMACHANDRAN, Jt Secy.

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