Filing of Writ Petition (WP)
Raj Kumar Hukku
(Querist) 25 December 2010
This query is : Resolved
I am Respondent No 2 in a WP impugning an order passsed by the Shipping Master after adjudication under Section 132 of the MS Act 58. I have filed a counter affidavit in person.
The WP, inter alia, questions the jurisdiction of the Shipping Master to adjudicate in the matter & to pass an order.
I too need to impugne the order on different issues.
Can I file a WP when the present writ petition is still pending before the Court? If yes, can I ask for both WPs to be heard together.
My intention is that the complete matter gets disposed off together rather than in a piecemeal manner. This would be better & also save the Courts time.
Capt RK Hukku
Guest
(Expert) 25 December 2010
What different issues? Unless we come know the different issues, we cannot appropriately clear your doubt, since WP should be only on Constitutional aspects and not on factual aspects.
yogesh
(Expert) 25 December 2010
Above expert is right
Technically when you file the fresh writ petition it will be club with the previous one when the cause of action are same
Kirti Kar Tripathi
(Expert) 25 December 2010
yes, you can file separate petition and can raise the same issue in that petition. in case, both petitions involve common questions of facts and law, only than they can be clubbed.
Raj Kumar Hukku
(Querist) 26 December 2010
Dear Mr Rao,
1. Thanks. The origin of the matter is a wage dispute which I had taken to the Shipping Master who had adjudicated u/s 132 of MS Act. As the order was in my favour the company had filed WP in which it had challenged:-
a)Jurisdiction of SM to adjudicate u/s 132.
b)Various payments ordered u/s 129 (delay in making payment), 143 (premature discharge from ship)etc.
2. The issues effecting me is that the SM has not agreed to order the following payments as there is no provision in MS Act:-
a)3 months wages in lieu of notice not given, as per contractr, for terminating services.
b)interest for delayed payment.
c)Expenses to attend hearings in Mumbai when the company did not attend at the last minute,
3. Also, while my normal tenure for determining sec 143 penalty was 63 days the SM has arbitrarily taken it as 45 days & I need to claim 18 days wages.
4. Hope this is adequate clarification.
Best Regards
Capt RK Hukku
R.Ramachandran
(Expert) 26 December 2010
Dear Capt RK Hukku,
You can challenge the order of the MS in a separate writ petition with cogent grounds and seeking the reliefs which according to you have not be granted by the Shipping Master.
YOU NEED NOT ASK FOR CLUBBING THE CASES.
THE COURT ITSELF WILL NOTICE THE MATTER AND TRY TO CLUB.
In any case, when your matter comes, you can orally mention to the Court, that the Company has also challenged the same impugned order on other points. In fact both the writ petitions assail the same impugned order. Then the court may of its own think in terms of tagging both the writ petitions.
