T. E. ADJEI & OTHERS vs. THE OFFICIAL LIQUIDATOR, GHANA AIRWAYS [2011]DLHC5670

Date	2011-07-07
Suit No.	SUIT NO.BMISC 63/05
Citation No.	[2011]DLHC5670

JUSTICE KWABENA ASUMAN-ADU

MR. OSEI KWAKU FOR THE PLAINTIFF

MR. EMMANUEL AMOAH FOR THE DEFENDANT

[2011]DLHC5670
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													<main id="main" class="content" style="min-height: 60rem" >T. E. ADJEI &amp; OTHERS<o:p></o:p>(PLAINTIFF/APPLICANT)<o:p></o:p>vs.<o:p></o:p>THE OFFICIAL LIQUIDATOR, GHANA AIRWAYS<o:p></o:p>(DEFENDANT/RSPONDENT)<o:p></o:p>[HIGH COURT (INDUSTRIAL/LABOUR DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO.BMISC 63/05&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 7TH JULY, 2011<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
OSEI KWAKU FOR THE PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR. EMMANUEL AMOAH FOR THE DEFENDANT<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUSTICE KWABENA ASUMAN-ADU<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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RULING<o:p></o:p>

</div>The
plaintiffs herein were workers of the then Ghana Airways who were dismissed by
the company at various times in 1989. Being aggrieved the plaintiffs petitioned
the then PNDC Secretary in-charge of Mobilization and Social Welfare against
their dismissal. When the Ghana Airways did not listen to them, they petitioned
the then Head of State and Chairman of PNDC. In March, 1992 the matter was
transferred to the then National Investigations Committee. After the
dissolution of the National Investigations Committee, the matter devolved on
the Ato Ampiah Committee before it was transferred to the Commission on Human
Rights and Administrative Justice (CHRAJ). CHRAJ went into the matter and gave
its decision in favour of the plaintiffs on 11th February, 2010 as a
result of which it recommended that the plaintiffs should be paid all their
salaries, allowances and other entitlements without any loss in rank or
seniority from the date of their dismissal to either their dates of compulsory
retirement or liquidation of Ghana Airways, whichever event precedes the other.
It further recommended that the plaintiffs should be paid their terminal
benefits as though they had remained in employment till their retirement or
liquidation of the Ghana Airways.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant has refused to act on the decision of CHRAJ as stated above so the
plaintiffs sought authorization from CHRAJ and on 28th February,
2011 brought the current action to this Court seeking an order of the Court to
compel the defendant to act on the decision of CHRAJ.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant has denied the claim of the plaintiffs in a statement of defence
filed on 28th April 2011 so the plaintiff has filed a motion on
notice for summary judgment under Order 14 of CI 47 which the defendant has
opposed. This ruling is, therefore, in respect of the motion.<o:p></o:p><o:p>&nbsp;</o:p>According
to the applicants Ghana Airways was represented by their solicitors throughout
the hearings at various places. When Ghana Airways went into liquidation, the
defendant herein as the official liquidator of Ghana Airways took over and
represented Ghana Airways at the hearings at CHRAJ through their solicitor.<o:p></o:p><o:p>&nbsp;</o:p>They aver
that after hearing the matter CHRAJ gave its decision in their favour. The
plaintiffs per their lawyer wrote to the defendant to act on the decision but
they did not comply with the decision. The plaintiffs as a result sent a
reminder to the defendant. The defendant replied the plaintiffs in a letter
dated 31st August, 2010 that it has been advised by its lawyers that
the ruling of CHRAJ was not supported by the facts and also the award made to
the plaintiffs is excessive so they were unable to comply with the decision.<o:p></o:p><o:p>&nbsp;</o:p>On
receipt of the letter, the plaintiffs per their lawyer wrote another letter
dated 14th September, 2010 advising the defendant on the need to act
on the decision but it still refused to comply. The plaintiffs, therefore,
applied to CHRAJ for an authority to institute an action against the defendant
which was granted as a result of which this action was filed by the plaintiffs.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiffs go on to aver that the defendant has no defence</main>