25. ESTABLISHMENTS DEPARTMENT, OFFICE OF THE HEAD OF FEDERAL CIVIL SERVICE AND NIGERIA UNION OF CIVIL SERVICE TYPISTS, STENOGRAPHIC AND ALLIED STAFF (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/1/80 DATE OF JUDGMENT MARCH 12,1981. CIVIL SERVICE Allowance - Special secretarial allowance] When payable. CIVIL SERVICE Cadre - Restructuring of - Consideration guiding. CIVIL SERVICE Promotion - Advancement of typists through the grades without acquiring the require typing speeds - Whether automatic - Danger of. LABOUR LAW Cadre - Restructuring of - Consideration guiding. LABOUR LAW Civil Service - Allowance - Specie secretarial allowance - When payable. LABOUR LAW Civil Service - Promotion - Advancement; typists through the grades without acquire: the required typing speeds - Whether automatic - Danger of. LABOUR LAW National Industrial Court - Matter before the National Industrial Court - Raising cross objection thereto during proceeding? Competence of- Whether provided for under the Trade Disputes Act. LABOUR LAW National Industrial Court- Respondent to an appeal- Where did not object to IAP award-Whether can pursue a matter further before the court. NATIONAL INDUSTRIAL COURT Matter before the National Industrial Court -Raising of cross - objection thereto during proceedings - Competence of - Whether provided for under the Trade Disputes Act. NATIONAL INDUSTRIAL COURT Respondent to an appeal- Where did not object to IAP award- Whether can pursue a matter further before the court. TRADE DISPUTE Matter before the National Industrial Court -Raising of cross - objection thereto during proceedings - Competence of - Whether provided for under the Trade Disputes Act. TRADE DISPUTE Respondent to an appeal before the National Industrial Court - Where did not object to IAP award- Whether can purse a matter further before the court. ISSUES: Whether the raising of cross-objection during proceedings before the court is known _r.der the Trade Disputes Act, 1976. When is special secretarial allowance payable to a typist. Whether there is automatic advancement of typist through the grades without enquiring the required typing speeds. FACTS: A dispute between the parties was referred to the Industrial Arbitration Panel (IAP). The issues before the Industrial Arbitration Panel were, inter alia, secretarial special allowances. lateral transfer of Chief Typist to the Executive Officer grade, payment of duty KIT: : e :o Senior Personal Secretaries and Personal Secretaries. After hearing the parties the IAP made its award. The Appellant was dissatisfied with some items of the award and filed objection to the Minister of Labour, Employment and Productivity who in turn referred the dispute to the National Industrial Court. Although the Respondent did not object to the IAP's award, it nevertheless filed a cross-objection during the proceedings before the court. HELD: (Allowing the appeal in part): 1. On Whether a Respondent can file cross - objection to award of lAP during proceedings before the National Industrial Court. There is no provision under the Trade disputes Act, 1976, for raising any cross-objection during the proceedings before the National Industrial Court. In the instant case, the Respondent used the normal process of exchange of memoranda between the two parties ordered by the court to introduce additional issues not previously canvassed before the IAP under the guise of " cross - objection". The additional matters were not part of the terms of reference of the dispute which the Honourable Minister of Employment, Labour and Productivity referred to the court in exercise of the powers conferred upon him by section 10(1) of the Trade Disputes Act following objection made by the Appellant to the Honourable Minister Accordingly, the National Industrial Court disregarded the "cross- objection" filed by the Respondent. 2. On When special secretarial allowance payable in the civil service- Special secretarial allowance is only payable to a typist attached to a senior officer in circumstances in which no confidential secretary is available to service the senior officer. 3. On Whether there is automatic advancement of typists through the grades without acquiring the required typing speeds - There is no automatic advancement of typists through the grades without acquiring the required typing speeds. In this case, to accept the IAP award for the automatic advancement of typists through the grades without acquiring the required typing speeds would upset Government policy to encourage higher skills in trades and skill incentive for employees to strive to improve their performances in the entire public service. 4. On Considerations guiding restructuring of a cadre – The, issue, of restructuring a particular cadre from the present grade levels to new grade levels does no t call for an examination of the qualifications for appointment to the terminal post in the cadre, but of the initial post to which direct appointments are made. The terminal post, obviously, is a promotion post and it would be invidious for a good employer of labour to require for direct appointment to the initial post in a different professional or occupational group before he can be considered for normal promotion within his own cadre. 5. On Whether Respondent to an appeal who did not object to an award can pursue a matter before the National Industrial Court: Even though a Respondent to an appeal before the National Industrial Court did not formally object to the IAP award on an item, it is perfectly within its right to pursue the matter further before the court, more especially where the whole issue is referred to the court for adjudication under terms of reference specifying the item as one of the matters in dispute.