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Petitioner: ZAHIR SHAH VS Respondent: M/V KONKAR TRITONHonorable Justice NaimuddinS. Sharif Khattak,Abdul Inam
1988 M L D 458
1988 M L D 458
[Karachi]
Before Naimuddin, CJ
ZAHIR SHAH‑‑Plaintiff
versus
M/V KONKAR TRITON‑‑Defendant
Admiralty Suit No. 650 of‑1983, decided on 14the October, 1987.
Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)‑‑ ‑‑‑S. 3‑‑Suit for recovery of wages, allowances, overtime and pay in lieu of leave‑‑Defendant admitting claim of plaintiff in suit except wages for three months and‑ six days, claim for which, defendant prayed, could be preferred by plaintiff in ordinary Civil Court with liberty to defendant to raise all objections available to it‑‑Court by consent decreeing suit of plaintiff without prejudice to plaintiffs claim for wages for three months and six days and also without prejudice to defendant's objections and pleas that it might raise in any other proceedings that might be filed by plaintiff.
S. Sharif Khattak for Plaintiff.
Abdul Inam for Defendant.
Date of hearing: 14th October, 1987.
JUDGMENT Plaintiff has filed this suit for recovery of Rs.73,098 equivalent to DRS 4,92,739. The details of the claim given in paragraph (5) are as follows:‑
(i) Earned wages from 1‑11‑1983 to 12‑11‑1983.
DRS 1620.
(ii) Earned wages calculated as per pay slip dated 31‑10 -1983.
DRS 94542.
(iii) Vacation/Leave allowance for DRS period from 19 -1983 to 18‑2‑1984.
DRS 98245.
(iv) Unpaid overtime from 19‑7‑1983 to 31‑8‑1983 (110 his single and 45 his double). This calculation of overtime is based on the personal record of the plaintiff.
DRS 43125
(vi) Overtime from 1‑11‑1983 to 12‑11‑1983 50 his single and 20 his double). This calculation of overtime is based on the personal record of the plaintiff.
DRS 19,430
(vii) Extra payment (when the crew performs some work not covered by his trade). The plaintiff performed crane work etc. Heage cleaning, Store water tank cleaning from period 19‑7‑1983 to 12 -11‑1983.
DRS 32,672
DRS 32671
(vii) Wages due to be paid for the remaining period of employment from 12‑11‑1983 to 18‑2‑1984.
DRS 128,950
Total amount due
DRS 4,92739
(Equivalent to Pak. Rs.73,098)"
Plaintiff claims that he was employed for seven months, but according to the defendant the plaintiff was not employed for any definite period. The defendant claims that it has paid wages, allowances, overtime and leave‑pay to 31st October, 1983. Mr. Abdul Inam, learned counsel for the defendant however, admits at the Bar that the total wages, allowances, overtime and leavepay which the plaintiff is entitled comes to DRS 1,66,227 upto 12‑11‑1983 as per Exh: 'D'. Mr. Abdul Inam further claims that defendant is entitled to deduct therefrom A DRS 66,285 on account of substitutes expenses, penalty and some miscellaneous amount mentioned in Exh.D.l. He says that under the admiralty jurisdiction in a suit in rem, the plaintiff can claim only earned wages and allowances etc. which according to him comes to DRS.1,66,277 Mr. Abdul Inam further states that he I would not press for deduction of these amounts and would submit to a decree for Rs.23,080 equivalent to DRS 1,66,227 and he further agrees that if the plaintiff has any other claim in respect of alleged remaining period of three months and six days out of seven months, he may prefer the same in ordinary civil Court but giving the defendant liberty in such a case to raise all the objections available to her. To this proposal, Mr. M. Sharif Khattak, learned counsel for the plaintiff agrees.
Under the circumstances and in view of the aforesaid statement 1 by consent, decree the suit for Rs.23,080 equivalent to DRS. 1,66,227 with no order as to costs. This will be without prejudice to the plaintiffs claims. for the wages and allowances for three months and six days, and also without prejudice to the defendant's objections and pleas that she may have and raise in any other proceedings that may be filed by the plaintiff.
M.Y.H./Z‑56/K
Suit decreed.