REPUBLIC v. GHANA INDUSTRIAL HOLDING CORPORATION; EX PARTE AMARTEY KWEI AND OTHERS

JUDGMENT OF KORANTENG-ADDOW J.

This is an ex parte application for leave to issue an order of certiorari to quash the purported dismissal by the government of all unionised employees of the Ghana Industrial Holding Corporation (GIHOC). The applicants are also asking leave to apply for an injunction to restrain the government from assuming the duties of the management of Ghana Industrial Holding Corporation, and lastly, an injunction to restrain GIHOC from taking any steps on the basis of the purported orders of the government.

The first applicant is the chairman of the GIHOC Workers Union Council, the second applicant is the secretary of the same council and the third applicant is the treasurer. They bring this application for themselves and on behalf of all other members of the Workers Trade Unions of all the divisions of the GIHOC. The first respondent is a statutory corporation created by the Ghana Industrial Holding Corporation Decree, 1967 (NLCD 207), as amended by the Ghana Industrial Holding Corporation (Amendment) Act, 1970 (Act 354). The grounds of the application are contained in the statement accompanying the application and the facts of the case are stated in the supporting affidavit. From these documents, the facts of the case may be stated as follows: The applicants are all employees of the GIHOC. An announcement was made on the national radio on 6 June 1980, and this announcement was published in the local newspapers, notably 9 June 1980 issue of the Daily Graphic at the front page, purporting to emanate from the government and giving directives that "all employees of the Ghana Industrial Holding Corporation belonging to a particular local union who carried out demonstrations last Thursday [5 June 1980], should be dismissed with immediate effect."

Following the announcement, a meeting was held by the acting managing director of the first respondent-corporation and the executive of the workers council. At that meeting, the acting managing director informed the members that he had been informed by the Minister of Industries that, at a meeting held by the management and the minister, all the unionised staff of the corporation were dismissed. Consequently, the employees were prevented by the police from going to their places of work. The workers have, in fact, been dismissed by being locked out. The lock-out must have been carried out by their employers, the GIHOC; and they have, in fact, been told that the management has dismissed them. Th