(Petition filed under Article 226 of the Constitution of India praying for a writ of declaration as stated therein.)

The prayer in this writ petition is to issue a writ of declaration that the order No.1 of 2001 dated 27.03.2001 issued by the 2nd respondent on behalf of the 1st respondent is illegal and unconstitutional and consequently to direct the respondents to register the petitioners in the Seamen''s Employment Office at Chennai and to further discharge their obligations under Part-VII of the Merchant Shipping Act, 1958 and the Merchant Shipping (Seamens Employment Officers) Rules, 1986.

2. The writ petition has been filed by the petitioners challenging the decision of the respondents in dispensing with the employment/registration of seamen through the Seamen''s Employment Office at Chennai vide order No.1 of 2001, dated 27.03.2001, stating that it is in violation of the mandatory provisions of the Merchant Shipping Act, 1958 and the Merchant Shipping (Seamen Employment Office) Rules, 1986. As a result of the impugned order, the seamen are subject to many disadvantages due to the discretion vested with the shipping companies and in turn, the seamen are forced to face loss of livelihood and other hardships.

3. It is also stated on behalf of the petitioners that the regulation of Seamens Employment came about as a result of deliberations of the concerned parties at the international level in order to avoid malpractices in the employment of seamen and to protect them from the exploitation by the shipping companies. The problems faced by the seamen were taken note of by the International Labour Conference in 1920. A high level committee was constituted in 1921 to examine the problems in the matter of recruitment of seamen and to suggest regulatory measures. After a detailed survey, the committee recommended curtailment of the privileges of licenced brokers and the establishment of the Special Employment Offices. In 1931, the Royal Commission which went into the conditions of labour in India, recommended the withdrawal of the licence of all the brokers, due to rampant malpractice and harassment of the seamen. Thereafter, they were eliminated from the recruitment procedure for employment of seamen.

4. It is further stated that in 1947, the Government of India again convened a Tripartite Maritime Labour Conference. The consenses that emerged was that there should be Governmental action to set up employment offices for supply of maritime labour on the principle of rotation. In October 1953, the International Labour Organisation convened the Asian Maritime Conference in Sri Lanka, which made certain recommendations. Accepting the recommendations in 1954, the Government of India established the Seamens Employment Office at Bombay and one at Calcutta in 1955. Thereafter, Merchant Shipping Act, 1958, was enacted. Section 12 of the Act provided for the establishment of Seamen Employment Offices at every port in India by notification in the Official Gazette. Section 95 of the Act provided for the business of Seamen Employment Offices and mandates that it shall be the business of the Seamen Employment Office to regulate and control the supply and recruitment of persons for employment as seamen for ships.

5. Further Section 95(3) of the Act authorised the Central Government to make rules for the purpose of the functioning of the Seamen Employment Offices and for other incidental matters relating thereto. By notification dated 23.04.1993, published in the Official Gazette of India in exercise of powers conferred under Section 12 of the Merchant Shipping Act, 1958, the Central Government established Seamens Employment Office at Chennai. Recruitment and engagement of seamen was, thereafter, made only through that office. Further, in recent times, the respondents have made the Seamen Employment Office almost defunct and have restricted its work to engagement of seamen who were already registered. Simultaneously, they have permitted e