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VICENTI ENGINEERING LIMITED AND CIVIL SERVICE TECHNICAL WORKERS' UNION (NATIONAL INDUSTRIAL COURT) H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT DR O.I. ODUMOSU MEMBER S.O. KOKU,ESQ. MEMBER DR. E.C. IWUJI MEMBER ALHAJI Z.M. BELLO MEMBER SUIT NO: NIC/23/78 DATE OF JUDGMENT THURSDAY, 16th NOVEMBER, 1978 LABOUR LAW Attendance of workers - Record of - Duty on employer to keep. LABOUR LAW Labour Decree, 1974 - Section 17 thereof -Mandatory nature of- Duty on court to enforce. LABOUR LAW Leave - Commutation of cash - Accrued but unutilized leave period - Right of former workers to have commuted to cash. LABOUR LAW Leave - Unutilized leave period - Right of workers to have added "pro rata" to subsequent leave entitlements. LABOUR LAW Holiday - Entitlement of workers thereto - Whether can be deferred by agreement between employer and worker. ISSUE: Whether the Appellants were bound to grant their workers annual holidays with full pay as provided in the Labour Decree No.21 of 1974, with effect from 1st October, 1974. FACTS: A dispute between the parties was referred to the Industrial Arbitration Panel (I.A.P), which made its award. The Appellants raised objection to items 1 and 2 of the award and the dispute was referred to the National Industrial Court. The Appellants agreed that the affected workers still in the employment of the Appellants could have their current leave period from October 1, 1974 added pro rata to their leave period, while those who had left the employment of the Appellants but could be identified should have their leave for the period commuted to cash provided they had put in the required period of service. This amounted to almost a withdrawal of objection in respect of the item 2 of the Award. Ground one of the objection related to the Award that the Appellant should pay their workers wages for the days declared as public holidays starting from 1st October, 1974 in accordance with National Joint Industrial Council Agreement. The Appellant's position was that the issue devolved around the date of recognition of the Respondents by the Appellants. It claimed that it would be wrong to use the time the workers of the Appellants joined the Respondent Union in 1974 in compiling the Award since as at that date the Respondents were not represented on the National Joint Industrial Council Agreement. The Respondents on the other hand maintained that since the Appellants operate only NJIC Agreement for their workers and since item 8 of the NJIC Agreement provides for payment for public holidays, and bearing in mind that the Appellants execute Federal and State Government contracts which incorporate Fair Wages Clause covering payment for work on public holidays and taking into consideration Civil Service Rule 24011 which provides for payment for public holidays, the Appellants should pay for the arrears of 17 days outstanding because the Appellants had claimed the money from the Government in respect of contracts executed. HELD: (Granting annual holidays of six days with full pay for twelve months continuous service to the Respondent): 1. On Duty of employer to keep record of workers’ attendance - It is the duty of a company and not its workers to keep workers' record of attendance. 2. On Duty on court to enforce the Labour Decree, 1974 – The court is bound to enforce the Labour Decree, 1974. 3. On Worker's entitlement to a holiday after twelve months continuous service - By Section 17(1) and (2) of the Labour Decree, 1974 every worker shall be entitled after twelve months continuous service to a holiday with full pay of at least 6 working days. However, the holiday may be deferred by agreement between the employer and the worker; provided that the holiday - earning period shall not thereby be increased beyond twenty-four months continuous service. The provision of the section is mandatory. 4. On Right of workers to have their unutilized leave period added pro rota to their subsequent leave entitlements - Workers who are still in the employment of their employer are entitled to have their accrued but unutilized leave period added pro rata to their subsequent leave entitlements. 5. On Right of workers to have their accrued but unutilized leave period commuted to cash - Workers who have left the employment of their employer are entitled to have their accrued but unutilized leave period commuted to cash. HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT DR O.I. ODUMOSU - MEMBER S.O. KOKU,ESQ. - MEMBER DR. E.C. IWUJI - MEMBER ALHAJI Z.M. BELLO - MEMBER