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CUSTOMS EXCISE & PREVENTIVE SERVICE V. NATIONAL LABOUR COMMISSION PUBLIC SERVICES WORKERS’ UNION OF GTUC

(2009) JELR 68482 (SC)

Supreme Court  •  WRIT: J1/5/2007  •  4 Feb 2009  •  Ghana

Coram
ATUGUBA J.S.C (PRESIDING), ANSAH J.S.C., ADINYIRA J.S.C., DOTSE J.S.C., ANIN YEBOAH J.S.C.

Judgement

JUDGMENT

ATUGUBA, J.S.C:

The facts of this case have been related by my brother Dotse, J.S.C. and I would not repeat them except where necessary.

The plaintiff claims before us per its writ of summons as follows:

“1. A declaration that on a true and proper interpretation of the Labour Act 2003 (Act 651), particularly s.1, the application or the purported application of the said Act to cover the Customs, Excise and Preventive Service (CEPS) as established by law is inconsistent with, or in contravention of Article 24 (4) of the Constitution and to that extent the court ought to declare that restrictions prescribed by law and reasonably necessary in the interest of national security or public order require that Customs, Excise and Preventive Service be excluded from the application of the Labour Act 2003 (Act 651).

2. That by virtue of the combined effect of Article 1(2) and Article 11(6) of the Constitution the Court declares a Collective Bargaining Certificate dated 20th March 1987 issued …

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