MALAVIYA SEVEN
12 seafarers abandoned on the MALAVIYA SEVEN (IMO 9087312, flag India) in Aberdeen, United Kingdom of Great Britain and Northern Ireland, 6 October 2016. ILO case 258, status: Disputed.
- Status
- Disputed
- Abandonment ID
- 258
- IMO Number
- 9087312
- Flag
- India
- Port of Abandonment
- Aberdeen, United Kingdom of Great Britain and Northern Ireland
- Abandonment Date
- 6 October 2016
- Notification Date
- 1 February 2017
- Seafarers
- 12
- Reporting Org.
- International Transport Workers' Federation
Circumstances
Detained from June 15 2016 for owed wages from Jan 2016. All paid til end June. July wages paid in August, vessel released following pressure from flag state. Sept – August wages not paid, vessel detained again. 12 seafarers now on board, some since March. Wages owed from Aug 2016 to date. Off-signers owed wages from Jan. Commercial manager in UK providing food.
In view of the available information, the notification date has been set to 1 February 2017. (ILO, 8 April 2025)
Updates
14 November 2018: International Transport Workers' Federation
From: *******************
Sent: mercredi 14 novembre 2018 17:20
To: ******************
Subject: RE: MALAVIYA SEVEN (9087312) Abandonment ID: 00258
Hi all,
This case predates the entry into force of the 2014 amendments and as such did not involve any financial security under the MLC. Therefore any reference to the 4 months wages is not appropriate.
The crew arrested the vessel and the vessel was sold at auction. The amount recovered was not sufficient to cover all outstanding wages. Following an auction, the crew have exhausted their ability to take actions against the vessel in rem. There may be a possibility for the crew to take action against the owner in personam, but it is unlikely that this will happen.
Further, the ITF will not be taking any further action in respect of the case.
Having referred back to the detailed procedure, it states that:
A case of abandonment will be considered as resolved if, and only if, ILO has received clear advice from the Member State or organization having originally provided the information that:
(i) the totality of the crew has been successfully repatriated; and
(ii) the totality of all outstanding remuneration and contractual entitlements have been paid and duly received by all the crewmembers.
This confirms that reference to 4 months wages is not the measure for resolution. It also confirms that Jan’s position is correct and the case should remain as disputed.
I appreciate that this may be somewhat unsatisfactory as the case will never move from that status and, in reality, none of the parties involved wish to take any further action in relation to the case.
Kind regards
*******
7 December 2017: International Transport Workers' Federation
Vessel sold, crew wages still to be released
13 November 2017: International Transport Workers' Federation
Six crew members from the Indian-owned and flagged Malaviya 7 are finally back home after the vessel had been detained in Aberdeen, Scotland for more than a year.
........
The ship has been put up for auction with an offer accepted, and it is hoped to retrieve some of the unpaid wages owed to the crew from the sale. The ITF will continue to support the remaining crew.
23 May 2017: International Transport Workers' Federation
Arrested with ITF support