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CA/86/35IN THE COURT OF APPEAL OF TANZANIAAT DARE S SALAAMCORAM:MUSTAFA, J.A; MAKAME J.A And KISANGA. J.ACIVIL APPEAL NO. 1 OF 1986HAMISI ALLY RUHONDO & 115 OTHERS. APPELLANTSVERSUSTANZANIA –ZAMBIA RAILWAY AUTHORITY … RESPONDENT(Appeal form the Order and Decision of the High Court of Tanzania at Dar es Salaam)(Lubuva, J) Dated the 26 th day of October, 1985InMisc. Civil cause No. 7 of 1985JUDGMENTS OF THE COURTMAKAME, J.A.;The appellant in this appeal, HAMISI ALLY RUHONDO AND 115 OTHERS, wereemployed by the respondent, TANZANIA RAILWAY AUTHORITY, popularly knownas Tazara. Their services were terminated by the respondent, allegedly because ofredundancy caused by the respondent’s declining business as a result of a number ofalleged factors the details of which it is not immediately necessary to go into. Theappellants were dissatisfied so they went to the permanent Labour tribunal, via thecommissioner for Labour, in a terms of section 94 (1) for the permanent Labour tribunalAct, 1967, as amended by Act No. 18 of 1977. The Tribunal dully inquired into thematter and accordingly made a report to the said minister made a decision, reversing thestep taken by the respondent of terminating the appellant’s services. The Minister orderedthe reinstatement of the appellant, without any loss of benefits, and directed that thepurported redundancy payments be treated as interest free debts thirteen days later thedecision was registered by the Tribunal as an award, in accordance with section 9B (1)of the Act as amended.The respondent was not satisfied with the Minister’s decision so in February, 1985,through their advocate, Mr. Tarimo, they applied for an order of certiorari to remove theMinister’s order into the High Court and have it quashed and set aside. The applicationwas heard by Lubuva, J. on 2 nd October, 1985 and on 26 th October, 1985 the learnedjudge delivered his ruling, which was in favor of the applicants, Tazara. He was satisfied114