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NIGERIAN PORTS AUTHORITY WORKERS' UNION AND NIGERIAN PORTS AUTHORITY (NATIONAL INDUSTRIAL COURT) 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 SUIT NO: NIC/2/79 DATE OF JUDGMENT 12th JUNE, 1979 LABOUR LAW Trade dispute - Memorandum of agreement - Where entered into by both parties to a trade dispute to resolve a point in dispute - Power of court to enter judgment pursuant to the terms contained therein. LABOUR LAW Trade dispute - Settlement of trade dispute -Memorandum of agreement of - How couched -Where improperly couched - Duty on court to delete offensive words. LABOUR LAW Trade dispute - Trade dispute referred to the National Industrial Court - Whether open to parties to withdraw same. TRADE DISPUTE Memorandum of agreement - Where entered into by both parties to a trade dispute to resolve a point in dispute - Power of court to enter judgment pursuant to the terms contained therein. TRADE DISPUTE Settlement of trade dispute -, Memorandum of agreement of - How couched - Where improper!) couched - Duty on court to delete offensive words. TRADE DISPUTE Trade dispute referred to the National Industrial Court whether open to parties to withdraw same. ISSUES; 1. Whether the National Industrial Court has powers to enter judgment pursuant to memorandum of agreement entered into and filed in court by parties to a trade dispute to resolve the point in dispute. 2. Whether parties to a trade dispute referred to the National Industrial Court can seek to withdraw same. FACTS: A Trade dispute between the Appellant and the Respondent was referred to the Industrial Arbitration Panel, which made its award. The Respondents had an objection to Clause 2 of the Industrial Arbitration Panel's Award. As a result of the objection, the Federal Commissioner for Labour referred the matter to the National Industrial Court for adjudication and notified the parties accordingly. After discussion between both parties on receipt of notice of the reference of the matter to the court, they entered into a memorandum of agreement dated 15th May, 1919 which resolved the remaining point in dispute. The memorandum, which contained the words “with a view to withdrawing the trade dispute", was filed in court and both parties informed the court accordingly. HELD (Entering judgment based on the memorandum of agreement between the parties subject to amendments): 1. On Whether it is open to parties to withdraw a trade dispute which has been referred to the court - By virtue of Section 10 and 11 of the Trade Disputes Act 1976, a trade' dispute, which has been referred to the National Industrial Court, should be decided by the court. It is not open to the parties to withdraw such a dispute. 2. On Powers of court to enter judgment pursuant to the terms of a memorandum of agreement entered into by parties - The National Industrial Court has powers to enter judgment pursuant to the terms of a memorandum of agreement entered into by both parties regarding a matter referred to re court for adjudication. 3. On How memorandum of agreement by parties to a trade dispute to resolve the dispute should be drafted - A memorandum of agreement entered into by both parties to a trade dispute to resolve re point in dispute should not contain the words "with a view to withdrawing the trade dispute ". Where the memorandum of agreement contains such words, the court should :e.ere them when entering judgment pursuant to the agreement. 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