Enemalta workers lose out on 1969 pension as Court discovers it was never ratified

The First Hall of the Civil Court presided by Judge Silvio Meli has ruled that a number of retired Enemalta workers will not benefit from a pension scheme that had been agreed in their favour by Prime Minister Gorg Borg Olivier's Cabinet in 1969, as it was never ratified by any Prime Minister since that date.

The case - instituted by a number of retired Enemalta workers against the Prime Minister, the finance minister and minister for investments - was dismissed by Judge Meli on the basis of a lapse of time by the individual workers, who never sought legal redress to their complaint, which expired in 2000.

In its considerations, the Court noted that the workers sought to benefit from a pension scheme which was announced by the board of directors in April 1970, which was based on a structured scheme for the civil service as decided on September 7, 1963.

The scheme was approved by the then board of directors of what was once the Malta Electricity Board, which transposed a decision by Cabinet to award such a scheme to the workers.

The Court noted however that the decision taken by Cabinet on January 7, 1969 and on March 10, 1970 it was never formally signed or ratified by any Prime Minister.

"Notwithstanding Cabinet's approval - which is not only presided by the Prime Minister, but also composed of persons appointed by him - the Prime Minister never ratified his own decision," the Court said.

In the Court's opinion, this matter was "unexplainable" adding that the lack of ratification created an anomaly within the pension system for Enemalta employees, who could have enjoyed better retirement benefits if only the approved scheme was put into effect by the Prime Minister's signature.

But the Court could not uphold the worker's call for justice, as their case was filed in 2005, which was five years after the 30 year deadline at law for the matter to be addressed.

Judge Silvio Meli ruled that it was a pity that the workers did not speak out before the year 2000, to have their rights protected.