Kenya Union of Commercial, Food & Allied Workers v & Allied Workers v Nol Turesh Loitokitok Wasani & Tanathi Water Services [2013] KEELRC 607 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI

CAUSE NO.835 OF 2013

KENYA UNION OF COMMERCIAL, FOOD

& ALLIED WORKERS……. …………………………………………………………………………………CLAIMANT

VS

NOL TURESH LOITOKITOK WASANI……………………………………………………… 1ST RESPONDENT

TANATHI WATER  SERVICES…………………………..……….………………………..... 2ND RESPONDENT

Mr.  Dickens Atela Claimant/Applicant

RULING

The Court has read the Notice of Motion dated 25th May, 2013 and filed on 4thJune 2013.

The 1st and 2nd Respondents have inspite of service failed to file a replying Affidavit.  A return of service dated 13th June 2013 was filed in court on 18th June 2013 confirming service of the Notice of Motion. The Applicant also served an order of the court dated 4th June, 2013 directing the mater be heard interparties on 20th June, 2013.

The Application is therefore not defended and the court has proceeded to hear the submission by counsel for the Applicant in support of the Notice of Motion.

The court is satisfied that the Respondents have failed and/or neglected to pay the salaries/wages of all the unionisable workers of the 1st and 2nd Respondents from the month of October, 2012 todate. However this Application is limited to payment of salaries upto the month of May 2013.

The court is satisfied that the Applicant has established its case for payment of such salaries and wages on a balance of probabilities and makes an order in the following terms;

The 1st and 2nd Respondents do pay the employees who are members of the claimant salaries/wages for the months of October 2012 to May 2013 forthwith and in any event within 30 days from the date of this Ruling.

(2)  That the Respondent remits all statutory dues deducted from the salaries/wages of the said employees (as reflected in the   payslips)   immediately and in any event within 30 days from the date of this ruling.

(3)   That the Respondents are prohibited from intimidating any of the Claimant’s shopstewards or members on the basis of this dispute.

(4)   That the Respondent pays cost of this suit.

It is so ordered.

Dated and Delivered in Nairobi this 20th day of  June,  2013.

MATHEWS N. NDUMA

PRINCIPAL JUDGE – INDUSTRIAL COURT