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Business News of Tuesday, 3 June 2008

Source: THE SUN

160 GTP workers silence labour commissioner

A last minute attempt by Mr. Joseph Aryeetey, leading counsel for Ghana Textiles Printing (GTP) Company Ltd to deprive 160 ex-workers of the Company who have not been paid their end-of-service-benefits over 20 years, has petered into failure, THE SUN can confidently report today. Late last month when all was set for GTP to close its presentation in the long, draw legal battle where the 160, declared surplus by the Company in 1983, have filed a suit lawyer Aryeetey, who is also the Labour Commissioner pleaded with Justice Nana Gyamena Tawiah the sitting Tema High Court Judge to stop the hearing.

His position was that a search he conducted at the Court indicated that, the late Justice Acquaye struck out the case in November 2, 2000 for want of prosecution.

Even though over the months Lawyer Aryeetey had brought several witnesses to testify for GTP, his claim did not sit well with the wronged 160. They therefore filled an affidavit praying the Court to re-list the case and also admit all the proceedings, when the hearing of the case commenced early this year, after nearly two decades.

When Justice Gyamena Tawiah finally fixed last Tuesday May 27 for the ruling, the expectations were very high among both GTP and the 160 workers, as well as observers following the case.

As early as 7:30 am, the Court was almost filled to capacity. When Justice Gyamena Tawiah finally entered into High Court B around 9:00 am, the feeling had then reached its zenith point with great expectation. In a brief ruling, Justice Gyamena Tawiah agreed with the plea of the workers and re-listed the case for hearing. However he refused to accept their plea that all the proceedings that look place during the hearing be admitted together with the re-listing.

He said in November 2, 2000, the late Justice Acquaye struck out the case for want of prosecution, after the parties were locked-up in an out-of-court settlement.

However when the case was struck out, both GTP and the ex-workers were not notified.

Early this year when the case was called, it took its normal course and reached the final stage until the attention of the Court was drawn to the fact that, the case had been struck out in 2000.

He said that upon that basis, it meant that since the case was struck out all the proceedings that took place during the hearing had no legal grounds therefore, it was grossly unfair to admit all the proceedings that took place, since the commencement of the hearing.

Justice Gyamena Tawiah therefore fixed June 3, 6, 9 and 11 for fresh action on the case.

Lawyer L. K. Anthonio is representing the 160 aggrieved workers while lawyer Buaben has since taken over from Labour Commissioner Aryeetey, who was floored with a vicious legal uppercut in his attempt to stop the case.