Kuwait Court of Cassation principle number 1071

The wording of the legal provision applicable to the facts of the case. The judge must adhere to it if its meaning is clear. He may not adopt anything contrary to it or restricting it. Reason therefor. So as not to introduce, through interpretation, a rule different from the legislature’s intention. - The judgment’s adoption, in defining salary when calculating the end-of-service gratuity for non-Kuwaiti non-commissioned officers, personnel and guards in the police force enrolled under a voluntary enlistment contract, of basic salary plus the periodic increments due. No defect. Reason therefor. - The contention that, in determining the scope of this salary, Article 43 of Law 23 of 1968 concerning the Police Force System is applied only while the employment relationship subsists, and that upon severance of that relationship its scope is determined by Article 107 of the Police Law. Impermissible. Reason therefor. - Claiming the gratuity. One of the effects of performance of the contract. Implication thereof. Its calculation in the manner stated therein and within the limits of what is meant by salary constitutes performance of it and one of its effects. - The social allowance. Treating it as part of salary and adding it thereto when calculating the end-of-service gratuity. Its condition. Express provision therefor in the contract. - 316 - Administrative - Invoking the existence of a custom. Its condition. That it not conflict with a statutory provision. - Invoking other laws governing the circumstances of different categories and legal positions on the grounds of equality. No basis therefor. Reason for that. Equality exists only between persons with identical legal positions. - The provision in the Unified Economic Agreement between the States of the Cooperation Council for the Arab States of the Gulf requiring equality between citizens of these States. Its intent. Calling upon these States to enact the legislation necessary to amend their provisions within each State.