Jamaica Public Service Co Ltd v The Industrial Disputes Tribunal, National Workers Union, Bustamante Trade Union

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV174212003

BETWEEN JAMAICA PUBLIC SERVICE

COMPANY LIMITED APPLICANT

AND THE INDUSTRIAL DISPUTES

TRIBUNAL lSRETSPO NDENT

AND NA-I-IONAL WORKERS UNION 2ND RESPONDENT

AND BUSTAMANTE INDUSTRIAL

TRADE UNION 3RD RESPONDENT

Mr. Dennis Morrison, Q.C. with Mr. Lawrence Jones instructed by Dunn Cox for

Applicant

Mr. Curtis Cockrane with Ms. Tania Ralph instructed by the Director of State

Proceedings for the 1 Respondent.

Lord Gifford with Ms. Candis Harr~ilton instructed by Gifford, Thompson and

Bright for the 2" and 3rd Respondents.

HEARD: March 30,2005 and April 22,2005

Coran: D. Mclntosh J.

This is an application for Judicial Review with consequential orders froni a

decision of the Industrial Disputes Tribunal made on August 29, 2003 following

arbitration into an industrial dispute between the applicant and the second and

third Respondents to this action.

On November 3, 2000 the applicant and the 2" and drd Respondents

signed two Heads of Agreement, one between the applicant and the NWU

(clerical workers) and one between the applicant and the NWUlBlTU (hourly paid