Mangalorean Wins a Legal Battle against Saudi Sponsor
by Hameed Padubidri - Daijiworld News Network - Saudi Arabia
November 12, 2006
"Law helps those who are vigilant and not those who are asleep," is a well-known legal maxim, which is being widely used in the legal world.
It is also true that law does not come behind us until and unless we go after it for justice to be sought. Faith in the legal system and patience to wait for the final decree are the significant factors needed for a person who fights for justice.
Seeking justice in a Court of Law or any entity with judicial powers when the civil rights of person concerned are seriously infringed upon, that too while residing in a foreign country and not being able to earn the daily bread for self and family, is not hassle-free and it requires strong determination and power of endurance.
Shahul Hameed Bajpe is one such person coming in this line-up, who spent more than one-and-a-half year in getting justice done in his favour in the Labour office in Dammam, Saudi Arabia. He was in utter redundancy and was on the brink of livelihood during this period, by not being allowed to work for his living.
It was because his 'iqama' (residence permit) had expired and become invalid because of the inhumane, unlawful and reckless act of his sponsor, Saad Hamad Al-Dossary, who is also the proprietor of Saad Hamad Al-Dossary Establishment in Al-Hassa, situated 120 km from Dammam. Shahul Hameed was working as a salesman-cum-driver since 2001.
Shahul Hameed, son of Mayyaddi Beary, originally hails from Bajpe in Mangalore taluk of Dakshina Kannada. At present he is in Dammam in Saudi Arabia under the hospitality of his relatives and friends - B U Hameed, social worker and former vice president of Bajpe gram panchayat, Naushad Bajpe, B U Yakoob Bajpe, Mustafa Kinnigoli, K M Sameer and Sharfraz Alam, who have been his core supporters during this period of his legal battle.
"Patience and firm faith in the Almighty God showered enormous confidence in me; the verdict was really a victory for truth and justice," Shahul Hameed expressed his elation in this way when he received a copy of the judgement from his lawyer, Obaid Ahmed Al-Obaid.
"Really I am extremely grateful to my Saudi lawyer Obaid Ahmed Al-Obaid, who had very keenly and sincerely represented the case and was very humane in his approach towards me when I was not in a position to pay the lawyer's fees; it was mainly because of the earnest effort of my lawyer that I could get the award in my favour in the Labor office," said Shahul Hameed.
He stated the course of the litigation in and out, when he was asked by Daijiworld correspondent as to why he had to jump into the arena of a legal battle.
He said: "My sponsor was very adamant and rude in nature and very sceptical towards his employees in his firm; He denied me all basic rights he promised including my salary in spite of repeated requests. I told him that if he did not pay my salary, I would complain to the Labour office. He filed a false allegation of misappropriation against me and others in the firm and succeeded in getting us arrested and put behind bars for eight days by virtue of his influence with the police in Al-Hassa; but it was foiled by a sincere police officer of the same station, who took up the case for investigation and found that I was just a scapegoat in the hands of the sponsor with a selfish motive and released us from the police custody. Further, I was directed to file a lawsuit in Labour office. Accordingly, I filed the litigation through the lawyer claiming the pending salaries and other appropriate actions which the Labour office would think fit and proper."
He further said, "After a year and seven months, the judgement was pronounced in the Labour office during the last Ramadan in Judgment No. 2/33546, dated 3/9/1427 Hijrah (corresponding to September 25, 2006) and Report No. 786/427 dated 9/9/1427 Hijrah. The validity for the appeal for the Higher Labour Committee or Labour Commission is one month from the date of the judgement. The Judgement in Arabic text reads : The Sponsor is ordered to pay Shahul Hameed Saudi Rials 28,500-00 from February 2, 2005 till September 9, 2006 and to release him from his sponsorship. The decree has to be complied with by the sponsor unless he appeals against the judgement." Now Hameed is hovering between the full of hope and anxiety for the implementation of the judgment.
Shahul Hameed says, "I have great respect towards the Law and Regulations of the Kingdom; when we become alert and faithful towards the law, then the law will definitely help us. Patience and determination are also very important to pursue the law since the law takes its own course. But it pains me when I say that the Indian Embassy was not helpful in getting me out of trouble though I moved my petition for their kind intervention in this regard. Some Embassies like those of Philippines etc. are very responsive to their citizens' requests when they are being deprived of their civil and legal rights in the Kingdom and they would immediately take up the case at the governmental level, in which area our Embassy lags behind."
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