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IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA Before His Lordship: HON. JUSTICE O. A. SHOGBOLA JUDGE Date: 3RD FEBRUARY, 2015 Suit No. / NICN/ABJ/872012 BETWEEN NATIONAL UNION OF PETROLEUM & CLAIMANT/APPLICANT NATURAL GAS WORKERS (NUPENG) AND LABOUR CONTRACTORS OF SHELL PETROLEUM DEVELOPMENT DEFENDANT/RESPONDENT COMPANYOF NIGERIA LTD (SPDC) AND NIGERIAN PERTROLEM DEVELOPMENT COMPANY LTD (NPDC), OHAJI/EGBEMA/OGUTA, IMO SATE NAMELY M. A. NWAOKOCHA & SONS & 42 OTHERS AND 1. NIGERIAN PETROLEUM DEVELOPMENT COMPANY LTD (NPDC) (62/64, Sapele Road, Benin, Edo State) - PARTY SOUGHT TO BE JOINED AS DEFENDANT REPRESENTATION Okey A. Nwachukwu Esq for the Claimant/Applicant. RULING By a Motion on Notice dated and filed on 13th November, 2014 the Claimant/Applicant prayed the court for the following releifs:- 1. AN ORDER of this Honourable Court joining Nigeria Petroleum Development Company Limited (NPDC) of 62/64, Sapele Road, Benin, Edo State as co-defendants in this action. And, or 2. AN ORDR of this Honourable Court issuing summons for the appearance of Nigeria Petroleum Development Limited before this Honourable Court for the determination of this matter. AND for such further or other order(s) as the Honourable Court may deem fit to make in the circumstances. The grounds of the application are as stated on the face of the Motion paper:- i. That a trade dispute arose between the applicant and labour contractors at SPDC and NPDC locations at Ohaji/Egbema/Oguta in Imo State. ii. The trade dispute was resolved at Industrial Arbitration Panel (IAP) sitting at Abuja which gave award in favour of the claimant/applicant. iii. The IAP award was communicated to the parties by Federal Ministry of Labour and Productivity. iv. The party sought to be joined is also aware of the IAP award. v. The defendants did not lodge any objection against the award and have refused to comply with the same. vi. The party sought to be joined or summoned is one of the companies that engaged and pay the defendants (labour contractors) who are owing members of the applicant their salaries and other entitlements. vii. The party sough to be joined can be ordered to deduct and pay the affected workers monies due them as entitlements from concerned labour contractors, mentioned in this action, at source from monies due the labour contractors from NPDC. viii. That there is need for NPDC to be bound by whatever Order that is eventually make by this Honourable Court. In support of the application is a 12 paragraphs affidavit sworn to by Okey A. Nwachukwu Esq the counsel to the Claimant/Applicant in this suit. In compliance with the rules of court the applicant also filed a written address in support of the motion. On 3rd February, 2015, the applicant’s counsel moved the motion praying the court to grant the application. Ruling: Upon the hearing of the applicant’s counsel, the court granted the prayer that the Nigeria Petroleum Development Company Ltd (NPDC) of 62/64 Sapele Road, Benin, Edo State be joined as co-defendant in this action. ______________________________ HON. JUSTICE O. A. SHOGBOLA JUDGE