Section 320: Declaratory judgment of Privy Council—The plaintiffs were employees

320. Declaratory judgment of Privy Council—The plaintiffs were employees of the defendant. After an arbitration an award was made relating to the plaintiffs’ conditions of employment. The plaintiffs applied to have the award made executory but an amendment to the Code of Civil Procedure allowed the Attorney-General to bar applications and as a result the plaintiffs’ application was refused by the Supreme Court. The case went to the Privy Council which in a declaratory judgment held that the amendment to the Code of Civil Procedure breached section 3 of the Constitution and that the plaintiffs should be paid the extra salary and allowances which the award provided for. Subsequently the plaintiffs were paid the extra salary but no bonus payments were made. The plaintiffs entered a plaint with summons in the Supreme Court. The defendants contended – (i) That the Privy Council judgment was declaratory and could not be enforced and (ii) salary and allowances did not include bonus payments. [Issue 1] CON – 248 Revised Laws of Mauritius HELD the plaintiffs did not seek the enforcement of a declaratory judgment, but the payment of bonuses due to them. The terms of reference of the arbitration made it clear that a bonus was included in the term salary and allowances. The action was for constitutional redress under section 17 of the Constitution and was appropriately brought by way of plaint with summons before the Supreme Court. Mauritius Marine Authority Employees Union v Mauritius Marine Authority (1989).