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HC orders ship's arrest

profile picture Prakash Yedhula    Posted on 30 January 2009,  
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Madras High Court has ordered the arrest of a Korean ship flying the Panama flag for its failure to pay wages and maintenance arrears to its 19 crew members. The ship had declared bankrupt and expressed its inability to pay up dues. Justice M Jeyapaul issued the arrest orders yesterday after sailors' counsel S Vasudevan submitted the crew had not been paid wages since September 2008. They had joined the ship--MT Golden Freesia--in May 1998. It arrived at Chennai Port on December 10. The ship owners had also failed to pay port and bunkering charges to the Chennai-based shipping agent who had also been supplying provisions for the crew. The suit was filed by Hay Man Soe(28) and Nay Myo Win (33) who represented 16 others as well. According to the petitioners, though the ship's owners were in Panama, it was being managed by First Shipping Company Limited in Seoul. They said their salary dues amounted to 19,763 US dollar which worked out to about Rs 9.59 lakh in Indian rupees. Despite several telephone calls and reminders, the owners did not pay up the arrears though they promised payment, they contended. The crew members, who signed contract and joined the vessel at a port in China, said the owners of the vessel were liable to provide air ticket, visa charges and accommodation for the crew, besides monthly salary and repatriation charges. The ship entered the Chennai waters carrying palm oil. Even after the cargo was discharged, the owners of the vessel failed to pay wages, the petitioners said, adding they approached International Transport Workers Federation (ITWF) office at Chennai as well as the Seamen Welfare Office for help. Counsel Vasudevan told the judge that he wanted the court to arrest the ship and order its sale to pay the crew and other dues out of the sale proceeds.
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