Kuwait Court of Cassation principle number 400

Summary: - A declaratory judgment is a judgment issued by a judge that reveals a pre-existing legal situation; it adds nothing new but reveals and confirms the legal situation already existing. - Arbitration award No. 1/2011, Labour, revealed the entitlement of all non-Kuwaiti employees of the appellant company—Kuwait Public Transport Company—to recover the amounts deducted from their wages at the rate of fifty dinars monthly from 1/7/2009, the respondent—one of the company's employees—having been in its service on that date specified by the arbitration award. The consequence thereof. The respondent's entitlement to recover the amounts deducted from his wages from that same date until the end of his service with it on 31/12/2010. The reason therefor. Giving effect to this award. The challenged judgment's adherence to this view and its ruling that the respondent was entitled to compel it to pay the wage differences until the end of his employment with it. Correct. The challenge to the judgment alleging error in applying the law and infringement of the right of defence. Unfounded. Rule: A declaratory judgment is one issued by a judge that reveals a pre-existing legal situation; it adds nothing new but reveals and confirms the legal situation already existing. That being so, and whereas arbitration award No. 1 of 2010, Labour, issued at the hearing of 4/4/2012, revealed the entitlement of all non-Kuwaiti employees of the appellant company to recover the amounts deducted from their wages at the rate of fifty dinars monthly from 1/7/2009, and whereas the respondent was in the service of the appellant company on that date specified by the arbitration award, he is entitled to recover the amounts deducted from his wages from the aforementioned date, 1/7/2009, giving effect to this award. Since the challenged judgment adhered to this view and ruled that the respondent was entitled to compel the appellant to pay him nine hundred dinars, representing his wage differences from 1/7/2009 until 31/12/2010, it correctly applied the law, and the challenge to it is unfounded.