Cause 52 of 2007

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TAILORS & TEXTILES WORKERS’ UNION v TARPO INDUSTRIES LTD. [2007] eKLR

Case Metadata
Case Number:	Cause 52 of 2007
Parties:	TAILORS & TEXTILES WORKERS’ UNION v TARPO INDUSTRIES LTD.
Date Delivered:	01 Nov 2007
Case Class:	Civil
Court:	Employment and Labour Relations Court at Nairobi
Case Action:	Award
Judge(s):	Charles Pius Chemuttut
Citation:	TAILORS & TEXTILES WORKERS’ UNION v TARPO INDUSTRIES LTD. [2007] eKLR
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA.

IN THE INDUSTRIAL COURT OF KENYA

AT NAIROBI.

(Present: Charles P. Chemmuttut, J.,

O.A. Wafula & J.M. Kilonzo, Members.)

CAUSE NO. 52 of 2007.

TAILORS & TEXTILES WORKERS’ UNION...........................................Applicants.

TARPO INDUSTRIES LTD................................................................Respondents.

Issue in Dispute:-

(i)“Wrongful dismissal of six(6) employees” (hereinafter called the grievants), namely:-

1. Titus Mbau Nyoike.

2. Duncan Onyango.

3. Peterson Jomo.

4. Kennedy Nyaoro.

5. Gabriel Obonyo.

6. Harrison Kanyi.

(ii) Refusal by the employer to pay them their terminal dues.

No appearance for the Applicants (hereinafter called the Union.)

No appearance for the Respondents (hereinafter called the Company).

INTERPRETATION OF THE AWARD (read ORDER).

In its order, dated 27^th September, 2007, the Court dismissed the dispute on the ground that the grievants, who worked for the Company as piece rate workers between 2001 and 2004, were paid their dues in full and final settlement of their respective claims against the Company on termination of their contracts and that they signed discharge certificates thereof.

On 30^th October, 2007, the General Secretary of the Union, Mr. William Muga Aketch, filed an application for interpretation of the order under Section 16 (5) of the Trade Disputes Act, Cap. 234, Laws of Kenya, in which he urged the Court to review and set aside the order as it was inter alia inconsistent with the written law, punitive and against the principles of natural justice. In the circumstances, he prayed that the matter be heard on merits.

We have carefully perused the grounds of the application for interpretation of the order, together with the annexures attached thereto, but we find nothing to warrant the interpretation of the order. The order is very clean and unambiguous, and it neither suffers from any defect nor does it violate any written law, e.t.c. The annexures (Anns. 8 to 13) in the main dispute show that the grievants were paid their respective final dues and this assertion was not challenged by the Union. Accordingly, this application for interpretation of the order amounts to an appeal against the order of the Court; and this being the case, the same is summarily rejected as vexatious, frivolous and an abuse of the Court process.

DATED and given in Nairobi this 1^st day of November, 2007.

Charles P. Chemmuttut, MBS.,

JUDGE.

O.A. Wafula, J.M. Kilonzo,

MEMBER. MEMBER.

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