Case Details

Citation(s)
3012 SLD 3533 = 1980 CLC 80
Court of Special Judge, Karachi
Admiralty Suit No. 429 of 1978, heard on 4th October, 1978.
Naimuddin, J
Baqar Hussain for Plaintiff. Hassan Inamullah, S. A. Sarwana and Abbas Ahmad for Defendants.

CARLITO M. DALAC-Plaintiff

VERSUS

M. v. `ASIAN QUEEN' THROUGH ITS MASTER/CAPTAIN, KARACHI AND ANOTHER --Defendants

Law:

Section:

  (a) Merchant Shipping (International Labour Conventions) Act, 1925  Plaintiff working as second engineer on ship claiming wages for a certain period-Contention that plaintiff entitled to wages upto date of suit and can bring separate action for subsequent period, held, not correct-- Plaintiff entitled to wages till date of judgment. United States Mail Steamers Oceanic Steam Navigation Company Limited v. Comerferd (1931) L R A C P 126 distinguished. In re : The Fairport (1966) 2 All E R 1026 rel. (b) Merchant Shipping (International Labour Conventions) Act, 1925 Objection that since ship is lying idle, plaintiff deemed to be on leave hence not to be allowed leave pay, held, not well founded, ship having been maintained even though lying idle in port. . Date of hearing : 4th October 1978.                                                                                                                       JUDGMENT This is a suit in rein in admiralty jurisdiction of this Court filed by the plaintiff,. claiming to be Second Engineer of m. v. Asian Queen claiming a sum of Rs. 66,038.20 equal to Singapore $ 15,393.52, details whereof are given in paragraph 6 of the plaint which is as follows (i) Salary from 15-9-1977 to 12.5-1978                                 S. $ 9951.74 @ Sing. $ 1400 p.m. (ii) Allowance for same period                                               1586.59 @ Sing. $ 200 p.m. (iii) Leave pay for same…
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