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High Court summons Aga Khan hospital boss
2008-02-18 09:02:03
By Timothy Kahoho
The Chief Executive Officer (CEO) of the Aga Khan Hospital in Dar es Salaam has been summoned to appear in the High Court of Tanzania in the city today over implementation of a decree relating to the fate of its 107 retrenched workers.
The boss of the hospital is to appear before Judge Njengafibili Mwaikugile in Misc.Civil Appeal No.11 of 2005.
In the present appeal the hospital management is still at logger heads with the ex workers over the implementation of the decree entered in favour of Ramadhani Bakari and 106 others by a three Judge panel comprising Principal Judge (JK) Amir Manento,(as he then was)and Judges Laurean Kalegeya (as he then was) and William Mandia.
His appearance comes in the wake of a summons call dated January 28, this year which was duly served upon him as required by the law.
``Take notice that the above case has been fixed for mention on 18th day of February at 9am before Hon. Judge Mwaikugile,`` says the summons in part.
The appeal draws its background on the matter way back in 2001 when there erupted a trade dispute between the workers and the Aga Khan Hospital management in the city, which culminated into the retrenchment of 107 of its workers by March 18, 2002.
Disgruntled with the retrenchment process the affected workers lodged a trade dispute inquiry No.144 of 2002 in the Industrial Court of Tanzania against the Aga Khan Hospital, which inquiry was heard and finally determined in their favour.
However, the issue assumed a sharp turn when the management of the hospital also got dissatisfied with the decision of the court, hence lodged an appeal in the High Court.
The matter was heard and determined in the city by a panel of Judges on August 17, 2007.
The Judge panelists delivered the court`s judgment and entered an attendant decree requiring the management of the hospital to abide by the terms of the voluntary agreement entered with the workers in the course of implementing the retrenchment process.
The management of the hospital had appealed to challenge the decision of a revisional panel of the Industrial Court of Tanzania in Consolidated Revision Nos. 4A and 4B of 2005, arising from trade dispute inquiry No.144 of 2002 instituted by the retrenched workers.
According to the judgment, the panel of judges of the court had found ground six of the hospital`s appeal devoid of merit, hence dismissed it altogether.
``In this respect we agree with the trial court and the revisional panel that there was a voluntary agreement between the parties,`` the Judges said, adding ``the agreement was an award of the Industrial Court entered on July 27, 2004 although it was ordered to operate retroactively until they entered into a fresh agreement.
The summons further required the hospital`s boss to enter appearance without fail and that he must produce documentary evidence in respect of the decree served to him.
The hospital had presented eight grounds for the appeal but won only four of them, with the rest being miserably thrown over board.
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