High Court judgment in favour of Caroni

Caroni workers lost their legal battle yesterday to force the company to pay them arrears amounting to $235 million which belonged to their pension plan.

Justice Humphery Stollmeyer refused to continue an injunction the workers had obtained restraining Caroni (1975) Limited from disposing its assets in any way. Employees Eric Roberts and Edul Mohammed had obtained the injunction on behalf of  “the Caroni (1975) Limited Daily Paid Employees’ Contributory Pension Plan.” By a writ filed on February 17 of this year, the workers sought a declaration that Caroni (1975) Limited had breached its agreement to pay the trustees of the pension plan monies deducted from the workers’ wages as contributions to the pension plan particularly since December 2000, and that arrears now totalled a sum of $235 million.

The pension plan was established after negotiations between the All Trinidad Sugar and General Workers’ Trade Union and Caroni (1975) Limited. Roberts and Mohammed also sought verification of all contributions to the Pension Plan, and an order that Caroni (1975) Limited pay up all arrears. Justice Stollmeyer determined that there was nothing to demonstrate that the trustees had breached their duties in terms of the pension plan and its rules. He also ruled that Roberts and Mohammed were not proper parties to the action. Stollmeyer also ordered that there be an enquiry into any damages suffered by Caroni (1975) Limited as a consequence of the injunction granted in 2002 and that they pay the costs of Caroni’s actions, including the costs of the summons on February 17, 2003. Seenath Jairam SC, Gillian Lucky and Derek Ali represented the workers while Caroni (1975) Limited was represented by Alan Alexander SC, Reginald Armour and Kerwyn Garcia.