धारा 89 · Power to refer disputes between seafarers and employers to Tribunal

(1) Where the Central Government is of the opinion that any dispute between seafarer or any class of seafarers or of any union of seafarers and the ship owners in which such seafarers are employed or are likely to be employed exists or is apprehended and such dispute relates to any matter connected with or incidental to the employment of the seafarers, the Central Government may, by notification, constitute a Tribunal consisting of one or more persons, having such qualifications and experience as may be prescribed including having knowledge of maritime matters^*, and refer the dispute to the Tribunal for adjudication.

(2) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice.

(3) The Tribunal shall also not be bound by the rules of evidence contained in the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023).

(4) The Tribunal shall, for the purposes of discharging its functions under this Act, have power to regulate its own procedure and shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:---

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses;

(e) any other matter which is required to be or may be prescribed.

(5) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of section 229 and section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

(6) No party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding before the Tribunal except with the consent of the other party or parties to the proceeding and with the leave of the Tribunal.

(7) The Tribunal shall dispose of the reference and submit its award to the Central Government within such period as may be prescribed.

(8) On receipt of the award, the Central Government shall cause it to be published and the award shall become enforceable on the expiry of thirty days from the date of such publication:

Provided that where the Central Government is of the opinion that it shall be inexpedient on the grounds of public interest to give effect to the award or any part of it, it may, before the expiry of the said period of thirty days by order in the Official Gazette, either reject the award or modify it, and where the Central Government does so, the award shall not become enforceable or shall become enforceable subject to such modifications.

(9) An award which has become enforceable under this section shall be binding on---

(a) all parties to the dispute;

(b) where any party to the dispute is the ship owner, his heirs, successors, or assignees.

(10) Save as otherwise provided in the award, an award shall remain in operation for a period of one year from the date on which it becomes enforceable and shall thereafter continue to remain in operation until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award.

(11) Unless otherwise directed by the Central Government, the Tribunal shall cease to exist on the expiry of a period of thirty days after publication of the award.

(12) Any money due to a seafarer from the ship owner under an award may be recovered as wages.

(13) Nothing contained in the Industrial Disputes Act, 1947 (14 of 1947) shall apply to any dispute between seafarers or any class of seafarers or any union of seafarers and the ship owners in respect of the ship in which such seafarers are employed or are likely to be employed.

(14) During the pendency of proceedings under this section,---

(a) no seafarer or class of seafarers or union of seafarers shall go or remain on strike or otherwise act in a manner prejudicial to the normal operation of the vessels in which the seafarer is employed or is likely to be employed; and

(b) no ship owner shall,---

(i) alter to the prejudice of the seafarers concerned in the dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or

(ii) discharge or punish any seafarer in respect of any matter connected with the dispute.