EMMANUEL C. PLANGE & 437 ORS v. GHANA COMMERCIAL BANK LTD. & ANOR

SOPHIA ADINYIRA (MRS), J.S.C.

Facts

The Plaintiffs are all former employees of Ghana Commercial Bank the Defendant herein in the two suits having been employed and worked for the Defendant at various periods of time between 1961 and 2002. In 1976 the Defendant established a scheme known as the Ghana Commercial Bank Special Pension Scheme. In this judgment we shall simply refer to it as the Scheme. The rules regulating the operation of the Scheme were approved by the Board of Directors of Ghana Commercial Bank pursuant to Regulation 35(1) of the Ghana Commercial Bank Regulations which have been scheduled to section 13 of the Ghana Commercial Bank Decree of 1972 (NRCD 115). Under this Scheme the Defendant undertook to make payments of money to its employees who upon satisfying conditions stipulated in the rules of the Scheme were to proceed on pension.

The Scheme was a non-contributory scheme. It was to be financed and resourced from the profits of the bank and no employee was required to make any contribution to the Scheme. To qualify for a withdrawal or enjoyment of the benefits under the scheme, paragraph 3 of the Rules of Ghana Commercial Bank Special Pension Scheme, Exhibit A1 herein, provides as follows.

“3. CATEGORIES OF EX-STAFF WHO QUALIFY

Members of staff who at the time of compulsory or voluntary retirement have served the bank for a minimum period of 15 years shall qualify. In this context the compulsory retiring age for both male and female employees shall be 60 years. There shall be a voluntary retiring age of 45 years for both male and female employees.

Members of staff who resign or whose service are terminated also qualify for pension provided they have served for period of 15 years and have attained the minimum age of 45 years.

Members of staff who are required by the Government to serve in other Institutions and at the time of leaving the service of the Bank have served the minimum period of 15 years should qualify under the scheme, the pension rights of such qualifying staff shall, however be frozen until the staff has attained the voluntary retiring age.

In December 1990, the Defendant abrogated the Scheme. By the amended writs of summons in both cases the Plaintiffs set out the same reliefs namely:

“(1) Declaration that the Plaintiffs are eligible to participate in and enjoy the benefits of the Ghana Commercial Bank Special Pension Scheme set up by the Defendant for the benefit of its employees.

(2) Declaration that it is unju