WP/17278/2020 of Chennai Port and Dock Officers Association Vs Union of India on 8 October 2026

ORDER

Heard the learned counsel for the petitioner and the learned Senior Panel Counsel for R1 and R3 and learned counsel for R2 and perused the materials on record.

2. The petitioner, by the present writ petition seeks for issuance of writ of mandamus directing the respondents to consider the representation of the petitioner dated 11.09.2020 and to allow the petitioner Association to participate in the Anomaly Committee meeting to be conducted by the 3rd respondent from time to time in future to putforth their views with regard to fixation of anomaly with regard to Class I and II Officers of the Major Port w.e.f 01.01.2017.

3. The case of the petitioner in brief is that it is an Association registered under the Tamilnadu Societies Registration Act and Rules for the benefit of Class I and II Officers working under the second respondent and noticing certain Anomalies, it had submitted a representation dated 11.09.2020 to the Chairman and Members of Anamoly committee constituted by the first

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respondent vide proceedings dated 14.05.2020; and that the respondents not only did not consider the said representation filed by it, but also it did not give an opportunity to the member of the petitioner Association to take part in the meeting of the Anomaly committee whereat, the said representation could be considered or any further representation to be submitted can be considered.

4. The petitioner further contends that in so far as Class III and IV employees are concerned, they are governed by the provisions of Industrial Disputes Act, 1947, while for class I and II Officers there is no mechanism provided to bring the anomalies to the notice of the concerned authorities and to take part in the proceedings and thus, the respondents are to be directed to allow the petitioner to take part in the Anomaly committee meeting.

5. Per contra, learned counsel appearing for the respondents 1 and 3 submits that the Anomaly committee had been constituted by the Ministry of Shipping in order to address the anomalies that are brought to the notice of the concerned officials of the first respondent by the Officers/Association/individuals and no formal committee meetings are held within the Association or the individuals who had submitted representations and any such representations given by individuals/association/body would only be considered by the committee constituted by the first respondent consisting of Chairman and Members who are all part of the concerned Ministry and as such,

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the petitioner as a matter of right cannot seek for being given either audience or made a member of the committee for it to be called to the meetings, which is an internal affair.

6. I have taken note of the respective contentions urged.

7. A reading of the official memorandum, by which, the first respondent had constituted Anomaly committee clearly indicate that role of the said committee is more in the nature of advisory to provide advise to the Government by considering the representation that are received form the Officers concerned or individuals officers concerned or the Associations with regard to anomalies in relation to working condition or pay fixation. That by itself cannot be considered as a permanent Body constituted wherein a representation to the class of employees is required to be provided with.

8. This is more so, because the claim being made by the petitioner is not a constitution of the committee is not backed by any statute for the petitioner to seek as a matter of right for being invited on a permanent basis to be part of the meetings held by the committee constituted by the first respondent, which is more in the nature of the internal committee to consider any representation received from any individual /officers or Association. That being so, this Court is of the view that no mandamus can be issued to the respondents to

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permanently call the petitioner for the internal committee meetings of the respondents.

9. Thus, the writ petition as filed is misconceived and is accordingly, dismissed. No costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MSV To

1. The Secretary to Government, Union of India Ministry of Shipping, No.1, Parliamentary Street, New Delhi - 110 001.

2. Chennai Port Trust, Represented by its Chairman, Rajaji Salai, Chennai - 1

3. Anomaly Committee, Member Secretary of Anomaly Committee, Under Secretary (PHRD) Ministry of Shipping, No.1, Parliamentary Street, New Delhi 110 001.

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T.VINOD KUMAR, J. MSV WP No. 17278 of 2020 08-10-2026