Mawaya and Others v ADMARC (IRC 13of 2005 ) (NULL) [2005] MWIRC 16 (14 March 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 13 OF 2005


BETWEEN:


MAWAYA AND OTHERS………………………………. APPLICANTS


-and-

ADMARC…………………..………………….…………..RESPONDENT


CORAM: R. Zibelu Banda (Ms), Chairperson

Applicants; present

Bakuwa; of Counsel for the respondent

Mbewe; Court Clerk


ORDER
Practice and procedure-Urgent interim relief-Rule 16 of Industrial Relations Court (Procedure) Rules 1999-Pension –Claim for pension benefits.

The court made an order that this application must come by way of urgent interim relief under Rule 16 of the Procedure Rules and:

Upon hearing the applicants the Court makes the following findings and orders:

      1. Pension was due to the applicants within six weeks of the termination of their contracts of employment;

  1. The respondent is ordered to pay the applicants the pension benefits with immediate effect;
  2. Failure to pay the pension benefits shall cause interest at the prevailing bank lending rate to accrue on the sum payable for each applicant from the date the pension became due;
  3. This order is made pursuant to Rule 16 of the Industrial Relations Court (Procedure) Rules as read with section 53 (2) of the Employment Act.



Made in Open Court this 14th day of March 2005 at LIMBE.


R. Zibelu Banda (Ms.)

CHAIRPERSON.