IN THE INDUSTRIAL COURT OF KENYA
AT MOMBASA.
(Before: Charles P. Chemmuttut, J.,
J.M. Kilonzo & J.C. Odaga, Members.)
CAUSE NO.100 OF 2001.
TAILORS & TEXTILES WORKERS’ UNION..............................................Claimants.
- v -
BLANKET INDUSTRIES LTD….............................................................Respondents.
Issues in Dispute:-
1. General Wage Increase.
2. House Allowance.
3. Leave Travelling Allowance.
4. Retirement Benefits/Gratuity.
5. Redundancy.
6. Casual Employment.
7. Death of an employee.
8. Night Transport.
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the Company).
A W A R D.
The Notification of Dispute in Form ‘A’, dated 29th October, 2001, together with the statutory certificate from the Labour Commissioner, under Section 14, subsections (7) and (9)(e) of the Trade Disputes Act, Cap.234, Laws of Kenya, were received by the Court on 7th November, 2001. The Union submitted their memorandum on 11th March, 2002, to which the Company filed their reply statement on 25th April, 2002, and the dispute was heard on 28th August, 2002.
This morning, before the award is ready, the parties presented a memorandum of settlement of all the issues hereinabove, dated 11th November, 2002, and duly signed by Mr. Vinay Gudka, Managing Director, on behalf of the Company, and Mr. E. Bonyonte, Assistant Secretary General, on behalf of the Union. The memorandum of settlement was witnessed by Mr. J.N. Namasake, Principal Executive Officer, F.K.E. The parties prayed that an award by consent be entered in terms of the settlement, which is reproduced below:-
“1. That all unionisable employees shall receive a percentage wage increase based on their individual wages as follows:-
From 1st August 2000 – 5%
From 1st August 2001 – 5%
2. House Allowance Kshs.1,300/=.
3. All other items in dispute to remain as per current Collective Bargaining Agreement.
These items are:-
- Leave Travelling Allowance.
- Retirement Benefit/Gratuity.
- Redundancy.
- Casual Employment
- Death of an employee.
- Night Transport”.
In my view, the terms of the settlement are fair and reasonable, and I award in terms thereof as prayed for.
DATED and given at Nairobi this 12th day of November, 2002.
Charles P. Chemmuttut,
JUDGE.