nbc limited vs minister for labour another 2003 tzhc 67 13 may 2003

nbc limited vs minister for labour another 2003 tzhc 67 13 may 2003

Since the Dar es Salaam Region Conciliation Board was not a legally recognized body, its decision was a nullity. The Minister acted within his powers under section 26(2) of the Security of Employment Act by ordering a rehearing before a competent board, not by exercising revisional jurisdiction. The application for certiorari thus lacked merit.

Citation
nbc limited vs minister for labour another 2003 tzhc 67 13 may 2003
Parties
Applicant: NBC Limited; Respondent: Minister for Labour; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 May 2003
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Writ of Certiorari
Outcome
Application dismissed with costs
Legal Topics
Certiorari, Jurisdiction of Minister, Conciliation Boards, Employment Dismissal
Source Language
English
Administrative Law Labour Law Civil Procedure Certiorari Jurisdiction of Minister Conciliation Boards Employment Dismissal

Case Brief

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Parties

NBC Limited

Applicant

Minister for Labour

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Writ of Certiorari

Legal Issues

  1. 1 Whether the Minister for Labour had jurisdiction to order a rehearing by a competent Conciliation Board
  2. 2 Whether the Minister exercised improper revisional powers
  3. 3 Whether the decision of the Dar es Salaam Region Conciliation Board was valid

Ratio Decidendi

Since the Dar es Salaam Region Conciliation Board was not a legally recognized body, its decision was a nullity. The Minister acted within his powers under section 26(2) of the Security of Employment Act by ordering a rehearing before a competent board, not by exercising revisional jurisdiction. The application for certiorari thus lacked merit.

Court Disposition

Application dismissed with costs

Orders

  • Application for writ of certiorari dismissed
  • Applicant to pay costs