JAMES HAMILTON MACFOY vs S. S. "PHOENIX" — 1980 PLD 467

Citation: 1980 PLD 467

Court: Sindh High Court

Year: 1970

Decision Date: 1970-02-05

Parties: JAMES HAMILTON MACFOY vs S. S. "PHOENIX"

Headnotes

Case cited as PLD 1980 Karachi 467

Judgment Text

Court Name: Sindh High Court Judge(s): S. A. Nusrat Title: JAMES HAMILTON MACFOY vs S. S. "PHOENIX" Case No.: Admiralty Suit No, 570 of 1978 Date of Judgment:1970-02-05 Reported As: PLD 1980 Karachi 467 Result: Appeal allowed JUDGMENT JUDGMENT ' The plaintiff, who was a member of the crew on board the defendant vessel, m. v. PHOENIX, has filed this suit in Admiralty Jurisdiction for the recovery of his wages etc. 2. The case of the plaintiff is that he was employed as a fireman on the vessel at Mumbasa on 24- 9-76, on a monthly salary of 110, as per agreement dated 24-9-1976. The vessel arrived at Karachi on 15-11-1976, when, as a result of some dispute the same could not leave the port. He was not paid any wages and was asked by the master of the vessel to remain on board to watch the cargo and he was assured by the master and also by Captain Zourdos, on behalf of the owners, that he will be fully paid the arrears of wages and other entitlements. He continued in service under great mental stress and abject poverty and was neither paid any wages nor was provided any food and other facilities. An agreement was arrived at between the master of the vessel and the crew members, including the plaintiff, that they would be paid Rs, 60, per day and would cook their meals themselves on the ship. However, as proper subsistence allowance was not paid, the Plaintiff resigned on 31-5-1977. The master of the vessel and Captain Zourdos, who were not able to pay his dues and needed the…

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