20131108 TZHC Mbeya3

• 1_5y I' . IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT MBEYA REVISION NO.43 OF 2013 JOHN S. MWASEKE & 5 OTHERSI..S......I.I.......APPLICANTS VERSUS EVANGELICAL LUTHERAN ( CHURCH IN TANZANIA...II.I....IUII......II.I..........IRESPONDENT (OrIgina// CMA/MB Y/1 7212012) JUDGEMENT 3111012013 &811 1/2013 Aboud, J The application is made under section 91(1) and 94 (1) (b) of the Employment and Labour Relations Act, No.6 of 2004, and Rules 24 and 28 (1) of the Labour Court Rules, GN.106 of 2007. The applicants calls upon this court to revise the Commission for Mediation and Arbitration (CMA) Ruling dated 30/5/2013. The applicants/ employees referred a labour dispute to the Commission for Mediation and Arbitration (CMA) claiming for compensation and other legal benefit to the tune of Tsh. 7,243,560/= after being terminated by the respondent/their employer. According to the CMA records, the dispute was unsuccessfully mediated and parties agreed to subject the same to arbitration. The respondent adduced his part of evidence and the date was fixed for the applicants to adduce their evidence. On 24th day of May 2013, a date the applicants had to adduce their evidence, neither the applicants nor their Advocate appeared before the CMA and an order was made that; "the learned counsel for complainants was a ware of the date fixed for hearing as on 16th May 2013 he himself requested for the matter to be adjourned through his legal officer one Jackson Ngonyan; who appeared before me. Due to this request the matter was fixed, and agreed by both parties, for hearing on 24th May 2013 at 10:00 hrs. For this reason I incline to the prayers of the respondent, and I hereby dismiss this complaint in it's entfrely for want of attendance." The applicants seek for revision of that dismissal order on grounds contained in the supporting joint affidavit sworn by applicants. The gist of the application was to show that the Arbitrator erred in dismissing the complaint because the applicants had good reason for not appearing on the date set for arbitration. .4 be permitted to attend arbitration proceedings unless the arbitrator, on sufficient cause reverses the decision." Therefore if the applicants think that they have good cause, for non attendance on the scheduled date for hearing, they are required to apply before the CMA to restore the dismissed complaint. For the reason above, I hereby dismiss the application. it is so ordered. :..• ID.ABOUD r JUDGE 8/11/2013 (c7 Date: 8/11/2013 Coram: Hon. I.D.Aboud,J Applicant: For Applicant: Mr.Habib, P/R Respondent: For Respondent: Mr.B.Pomboma CC: 3.Mbasha Order: Judgment delivered on 8/11/2013 in the presence of Mr. Habib Kamru personal representative for the applicants and Mr.B.Pomboma for the respondent. L IDAboud JUDGE 8/11/2013