Tuticorin Port (Authorization of Pilots) Regulations, 1979: regns 2(e), 4, 6 – Appointment – Respondent was appointed in 2008 to the post of Pilot Officer – Appointment was on regular basis with a condition to serve at least two years as pilot and subject to qualifying the examination for issue of pilot licence to perform duties of pilot as per the Regulations, 1979 – Respondent was terminated from service in 2012 on the ground that he held certificate of competency (CoC) as Master issued by the Maritime and Port Authority of Singapore which is not equivalent to the certificate granted by the Government of India – High Court set aside the order of termination and directed reinstatement with back wages giving liberty to the appellant-Port Trust to examine the validity of the certificates possessed by respondent by providing him an opportunity of personal hearing – On appeal, held: In the advertisement issued for the post of Pilot Officer in response to which the respondent had applied and thereafter was appointed, it was not indicated that the candidate should have CoC issued by the authorities recognised by the Government of India – As per the Regulations, 1979, the qualification of candidates for pilot licence is to possess CoC as Master (Foreign going) granted by the Government of India or its equivalent – Neither at the time of the appointment of the respondent nor subsequently, the appellantsPort Trust raised any objection that CoC granted by Maritime and Port Authority of Singapore was not equivalent to the CoC granted by the Government of India – In fact, in the letter of appointment, the appointment was subject to condition that the respondent should qualify in the examination for issue of pilot license to perform duties in Tuticorin Port Trust – Respondent was allowed to perform duties – There was no good ground warranting interference with the impugned order – In the peculiar facts and circumstances of the instant case, the respondent having not worked with the appellants from 2012 till date, the order of the High Court is modified with regard to the back wages to the extent that the same is reduced to 40% with effect from 2012 till the date of joining – Service law – Termination.
Partly allowing the appeal, the Court
HELD: 1. In the clarification sought for by the appellants in communication dated 15.03.2011, the Deputy Nautical Advisor clarified that the appellants may be guided by their Port Regulations. As per Tuticorin Port Regulations, 1979, the qualification of candidates for pilot license is to possess certificate of competency as Master (Foreign going) granted by the Government of India or its equivalent. Neither at the time of the appointment of the respondent or subsequently, the appellantsPort Trust had raised any objection that Certificate of Competency granted by Maritime and Port Authority of Singapore was not equivalent to the CoC granted by the Government of India. In fact, in the letter of appointment the appointment was subject to the condition that the respondent should qualify in the examination for issue of pilot license to perform duties in Tuticorin Port Trust. [Paras 12, 13][947-G; 948-B, E-G]
2. In the light of the clarification given by the Deputy Nautical Advisor, the contention of the appellants that CoC issued by the Maritime and Port Authority of Singapore cannot be taken as a recognized one by the Government of India, has no substance. This is all the more so, in the light of letter sent by appellants dated 29.09.2008 expressing satisfaction over the experience and knowledge of the respondent in the shipping operation. The respondent has been allowed to perform duties and also the fact that in the appointment order it is stated that the appointment is on “regular basis”. There is no good ground warranting interference with the impugned order. Admittedly the respondent has not worked with the appellants from 2012 till date. In the peculiar facts and circumstances of the instant case, the order of the High Court is modified with regard to the back wages to the extent that the same be reduced to 40% with effect from 2012 till the date of joining. [Paras 14, 15, 16][949-A-D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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