Law:

Section:

(a)Merchant Shipping Act (XXI or 1923)-------Ss. 42, 43, 44, 46, 47 & 28---Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980), S.7---Discharge of seaman---Payment of wages--- Entitlement and period of, limitation for payment---Agreement of Seaman with vessel---Effect---Seaman was entitled to claim wages up to the date of termination of his services only---Vessel having been sold under the orders of the High Court, it was incumbent on the seaman to sign off the Articles of the Agreement so as to bring a terminus quo, determining his services with the vessel, which was sold, until and unless the new owner employed him, and getting himself free for employment with any other vessel--­Principles. A seaman is entitled to claim wages up to the date of termination of his services only. Contention that the ship was arrested on 6-10-1995 in pursuance of order- dated 5-10-1995 by High Court, therefore, from the said date, the seaman should be deemed to have been discharged was not in consonance with the provisions contained in sections 42, 43, 44, 46 and 47 of the Merchant Shipping Act, 1923. Services of the seaman shall be terminated and he shall be discharged in accordance with the provisions c..ontained in sections 42, 43, 44, 46 and 47 of the Merchant Shipping Act, 1923. Services of seaman shall be terminated with the signing off, from the Articles of Agreement. The question of signing of the Articles of Agreement, cannot be left at the will of the seaman as such uncontrolled discretion shall lead to a manipulation and exploitation. There~should be some nexus between the date of a seaman's actual period of service on board the vessel ends and his final discharge from service at the port of engagement upon signing off of Agreement, wages claimed and the services rendered. If for performing certain acts no period is prescribed in law then looking to the facts and circumstances, the Court can prescribe a reasonable period for performance of the act. The sole purpose of law is to maintain discipline and to deliver justice to all the parties detre of prescribing period of limitation for performance of an act is that finality should be attached to the…

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