RULING
In this Motion on Notice, the applicant, Devki Steel Mills Ltd, has applied for extension of time to file and serve a notice and record of appeal against the award of the Employment and Labour Relations Court (Rika, J.) dated 9th December 2014. In the award, the learned judge held that the applicant had unfairly declared its 246 employees, who are members of, and represented in this application by the respondent, the Kenya Engineering Workers Union. Accordingly he awarded them their salaries for May 2013 and for 5 days worked in June 2013.
It is common ground that the applicant had a Recognition Agreement with the respondent and had concluded with it a Collective Bargaining Agreement. Sometimes in 2013, the applicant notified the applicant that it would close down its plant for maintenance for 30 days with effect from 30th April 2013. In a meeting held on 31st May 2103, the applicant and the respondent agreed that the employees would proceed on leave from 30th April 2013 to 31st …