. INDUSTRIAL CARTONS LIMITED AND NATIONAL UNION OF PAPER AND PAPER PRODUCTS WORKERS (NATIONAL INDUSTRIAL COURT) H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT DR O.I. ODUMOSU MEMBER S.O. KOKU,ESQ. MEMBER ALHAJI Z.M. BELLO MEMBER SUIT NO: NIC/3/80 DATE OF JUDGMENT MONDAY, 23RD MARCH 1981. LABOURLAW Contractual relationship - Contract of employment -Where it has broken down irretrievably - Award of specific performance of - Whether National Industrial Court will grant. LABOURLAW Reinstatement of employee - Whether court will order in contract of service. LABOURLAW Termination of employment - Compensation for irregular termination of employment - How computed. LABOURLAW Trade dispute - Criminal acts by employee - Whether within frontiers of trade dispute - Section 21, Trade Disputes Act, 1976. TRADE DISPUTE Criminal acts by employee - Whether within frontiers of trade dispute - Section 21, Trade Disputes Act, 1973. ISSUES: 1. Whether the reasons for the termination of Mr. Faneye's appointment were established. 2. Whether the Industrial Arbitration Panel's Award that Mr. Faneye be reinstated was logical in the circumstances of the case. FACTS There was a dispute between the Respondent and the Appellant, which was referred to the Industrial Arbitration Panel (LAP). Two of the claims before the IAP were withdrawn and later struck out, hearing only the claim relating to the wrongful termination of one Mr. Suleiman Faneye. In its Award, the IAP directed that the said Mr. Faneye be reinstated in his employment without loss of pay or security. The Appellant objected to the Award of the IAP, leading to this appeal before the National Industrial Court. The Appellant gave ten grounds of objection against the IAP Award, which was that a court cannot and should not decree specific performance of a contract of service. HELD: (Granting payment of compensation for wrongful dismissal): 1. On Whether National Industrial Court will order specific performance of contractual relationship - The court would decline to uphold an award, which has the effect of ordering the specific performance of a contractual relationship, which has irretrievably broken down, howbeit irregularly. The option open to the court is to award such compensation, which would take account of all the circumstances of the case. 2. On Relevant consideration in computing compensation for irregular termination of employment- Where the court finds that the termination of employment was irregular, and the. content of letter of termination has prejudiced the prospect of the employee securing alternative employment, one-month salary in lieu of notice will be inadequate. Thus, in this case, six. month salary was awarded by the National Industrial Court. 3: On Whether criminal acts by workers are within trade union activities - Criminal acts are outside the frontiers of legitimate trade union activities. They are patently not actions "in contemplation of or in furtherance of a trade dispute" as provided in section 21 of the Trade Disputes Act, 1976.