Section 143
Compensation to seamen for premature discharge.
The Merchant Shipping Act, 1958
About this Act
An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board to provide for the registration, certification, safety and security of Indian ships and generally to amend and consolidate the law relating to merchant shipping.
(1) If a seaman having signed an
agreement is discharged, otherwise than in accordance with the terms thereof, without fault on his part
justifying the discharge and without his consent, he shall be entitled to receive from the master, owner
or agent, in addition to any wages he may have earned, as due compensation for the damage caused to
him by the discharge, such sum as the shipping master may fix having regard to the circumstances
relating to the discharge:
Provided that the compensation so payable shall not exceed--
(a) in the case of a seaman who has been discharged before the commencement of a voyage, one month's wages; and
(b) in the case of a seaman who has been discharged after the commencement of a voyage, three months' wages.
(2) Any compensation payable under this section may be recovered as wages.
Provided that the compensation so payable shall not exceed--
(a) in the case of a seaman who has been discharged before the commencement of a voyage, one month's wages; and
(b) in the case of a seaman who has been discharged after the commencement of a voyage, three months' wages.
(2) Any compensation payable under this section may be recovered as wages.