FEDERAL MINISTRY OF HEALTH AND NATIONAL ASSOCIATION OF NIGERIAN NURSES AND MID WIVES (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/2/80 DATE OF RULING 1STSEPTEMBER, 1980 LABOUR LAW Trade dispute -Award of Industrial Arbitration Panel - Publication of- Notice of- Where award amended -When takes effect. LABOUR LAW Trade dispute - Objection to an award - Notice of Power of Minister in relation thereto - Exercise of -Attitude of court thereto. TRADE DISPUTE Award - Objection to - Notice of- Power of Minister in relation thereto - Exercise of - Attitude of court thereto. TRADE DISPUTE Award of Industrial Arbitration Panel - Publication of - Noticing of - Where award amended - When takes effect. ISSUES: 1. What was the date of the publication of the notice of the Award of the Industrial Arbitration Panel (IAP) in this dispute? 2. What was the effective date of the publication of the notice of the Award to both parties as required by section 9(2)(b) of the Trade Disputes Decree, 1976? FACTS: The Industrial Arbitration Panel (IAP) made an Award in a dispute between the parties, which Award was subsequently amended. The original Award was notified to both parties by letters dated 10th June 1980. Subsequent, however, amendment was made by the Chairman of the IAP and the amendment was communicated by the Minister of Employment, Labour and Productivity to both parties by letters dated 24th June, 1980. Upon reference of the dispute to the National Industrial Court, there was argument by the parties as to the effective date of the publication of the notice of the Award to both parties -f required by Section 9(2)(b) of the Trade Disputes Decree, 1976. HELD: (Declaring that the dispute was properly before it): 1. On Supercession of original date of publication of notice of award by date of notice of subsequent amendment - The original date of publication of a notice of award is superceded by the subsequent amendment of the Award notified to both parties by subsequent letters. 2. On Effective date of publication of notice of award - A notice of award is effectively published from the day following the date of the letters of notification issued to both parties. 3. On Nature of power of Minister in relation of notice to objection to an award and attitude of court to exercise of- Section 10(1) of the Trade Disputes Decree, 1976 places a duty on the Minister to satisfy himself that the notice of objection to an Award of the IAP is given to him within the time and in the manner specified in section 9(2) of the Decree. That duty can only be discharged by the Minister and in the instant case, the case having been referred to the court, the court is entitled to accept that the minister satisfied himself that all the requirements of the law had been fulfilled.