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Court of Appeal orders BoT to reinstate former workers
2007-08-15 08:40:45
By Timothy Kahoho
The court of Appeal of Tanzania in Dar es Salaam has finally and conclusively determined a long standing dispute between the Bank of Tanzania (BoT) and its former workers.
The decision requiring the bank to re-instate the workers was made in favour of the ex-bank workers who were illegally declared redundant.
The decision was entered on Friday by a three Justice-panel comprising January Msoffe, Simon Kaji and Laurean Kalegeya.
The Justices struck out with costs Civil Appeal No. 42 of 2004 filed by BoT against Said A. Marinda and 30 other persons.
By this decision the court rendered null and void the redundancy process carried out by the bank in 1993.
The Central Bank had instituted the appeal against Marinda and 30 other persons, seeking the court’s quashing order and setting aside the ruling made by the High Court in Misc. Civil Cause No. 67 of 2002.
The ruling complained was entered by High Court Judges Augusta Bubeshi, Catherine Oriyo and Njengafibile Mwaikugile on October 10, 2003, which ruling nullified both the decision of the then Minister for Labour and Youth Development, Paul Kimiti and the award of the Industrial Court.
The counsel for BoT, Cuthbert Tenga, had given four grounds in the memorandum of appeal.
He had argued that the High Court had no jurisdiction to hear and determine an industrial dispute, that the High Court Judge panel erred in fact and in law by not determining as to whether or not the legality or otherwise, of the so-called joint Voluntary Agreement was a crucial issue in the Trade Inquiry No. 3 of 1995 before the Industrial Court of Tanzania.
He had further contended that the Judges had no jurisdiction to entertain an application on matters beyond those referred to it by the workers and decided by the minister.
He also contended that the lower Court Bench had not deliberated on the mandatory registration of the Voluntary Agreement under Section 6 (1) (g) of the Security of Employment Act of 1964.
On the other hand the workers represented by their counsel Kalolo Bundala had filed a preliminary objection on August 7, 2007 claiming the appeal was invalid and incompetent.
They had prayed the court to strike it out with costs.
The counsel for the workers had further contended that there was no appeal at all against them since the drawn order was duly signed by Deputy Registrar of the High Court instead of the judge who entered the judgement.
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