S.M. REBELLO Vs. E. ZOUPPAS

JUDGEMENT

(1.) Preliminary; Crl.R.P. No. 435 of 1981 arises out of the order passed by the Chief Judicial Magistrate Court of Kozhikode on three petitions presented by the Master of Ship - 'M. V. Anastasis' - a merchant ship registered, in Panama ant at the relevant time anchored at the Beypore Harbour, Calicut. The petitions hat been filed under S.145 of the Merchant Shipping Act, 1958 (the Act for short) read with section: 148 of the Act. The first respondent in the said petition was the representative of the owners of the ship, Mr. E. Zouppas, the second respondent the Steel Industrials Kerala Limited and the third respondent M/s. Maritime Service (P) Ltd.; Cochin, am agent for the vessel for the purpose of transacting business with Port authorities and customs officials.

(2.) M. V. Anastasis is a Panamian ship owned by M/s. E. Peso Maritime Co. and managed by M/s. Aster Maritime Inc; Piraeus World Link Shipping (Pvt.) Ltd. is their representative in this country.

(3.) By communication dated 22-10-1980, a photostat copy of which is marked as Ext. P1 in the proceedings, Captain S. M. Rebello, the petitioner herein, and in the count below was appointed as Master of Vessel. This had specified that the appointment was for a period of one year but he should willing to accept a transfer to any vessel owned or operated by the company. In pursuance of this the petitioner took change of the vessel at Tuticorin on 24-10-1980. As per the appointment terms the petitioner was entitled to a monthly consolidated salary of 1800 U.S. Dollars and also for three days' leave wages per month. The period of service commenced from 23-10-1980.