TIBBALS v. PORT OF LONDON AUTHORITY.

(1935) 53 Ll L Rep 245

CHANCERY DIVISION.

Before Mr. Justice Crossman.

Master and servant-Superannuation- Basis of assessment - War Bonus - Rafter on permanent staff of Surrey Commercial Dock Company-Pension scheme providing (inter alia) that "for the purpose of computing the superannuation allowance in accordance with the prescribed scale the salary or wages of the officer shall . . . be deemed to be at the rate of the actual yearly salary or wages paid to him at the time of his superannuation or retirement exclusive of any gratuities allowances, for house or other additions" - Undertakings of dock companies (including Surrey Commercial Dock Company) taken over by and vested in Port of London Authority by virtue of Port of London Act, 1908-Contention by plaintiff that war bonus was "salary or wages" within the meaning of scheme - Ejusdem generis rule-Whether Act of 1908 gave scheme statutory force making it impossible for plaintiff to contract out of his rights under scheme and whether plaintiff in fact agreed that war bonus should not be taken into account-Rights prior to and subsequent to notice given by Port of London Authority to plaintiff that bonus not to count for pension-No deduction made from war bonus in respect of superannuation.