Lawyer Eddy Amadi, who represents more than 100 of the pensioners, argued in court papers that before appealing to the tribunal in line with the Retirement Benefits Act, they first sought audience before the Retirement Benefits Authority chief executive.
“The appeal before the tribunal was a second appeal, and therefore the case filed at the Labour Court amounts to a third appeal, which is not provided for in law,” said Mr Amadi.
“The Labour Court in the present instance lacks jurisdiction to hear and determine any dispute to retirement benefits or pension scheme and any appeal arising from a determination of the retirement benefits tribunal in connection with or relevant to such scheme.”
They argue, through Mr Amadi, that if they are not enjoined, their rights will most probably be trampled upon as they were contributors to a scheme run by the board of trustees, Teleposta Pension Scheme.
“A great travesty of justice will occur if directions are not issued by the court that would see the 109 intended parties participate in these proceedings and have a lawyer of their choice represent them…They also stand to suffer great loss and damage and will be subjected to an immense psychological and financial loss unless the orders they seek, to be enjoined, are duly issued,” Amadi said.
They said, through their advocate, they would most certainly be able to table material that brings objectivity to the process of adjudicating the issues as pleaded in the case.
The parties resume court on November 1.