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PRINTING AND PUBLISHING WORKERS UNION AND CAXTON PRESS (WEST AFRICA) LIMITED (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/3/81 DATE OF RULING WEDNESDAY, 17thFEBRUARY, 1982 LABOUR LAW National Industrial Court - Award by Industrial Arbitration Panel - Interpretation of - Application for - Jurisdiction of National Industrial Court to entertain - Section 15, Trade Disputes Act, 1976. LABOUR LAW Benefits - Terminal benefits - Period of service for purpose of - How calculated. LABOUR LAW Trade dispute - Award of Industrial Arbitration Panel - Interpretation of - Application for -Jurisdiction of National Industrial Court to entertain - Section 15, Trade Disputes Act. LABOUR LAW Trade dispute - Award of Industrial Arbitration Panel - Right of all members of trade union to benefit from. LABOURLAW Trade dispute - Reinstatement of worker - Where employer directs employee to re-apply during period of trade dispute - Duty on to re-absorb employees who re-apply. TRADE DISPUTE Award of Industrial Arbitration Panel - Right of all members of trade union to benefit from. TRADE DISPUTE Reinstatement of worker - Where employer directs employee to re-apply during period of trade dispute -Duty on to re-absorb employees who re-apply. ISSUES: 1. Whether there was a valid Award by the IAP to be interpreted by the Nation; Industrial Court. 2. Whether the seven workers who were deemed by the Respondent to have abandoned their jobs were entitled to take benefits under the Award. FACTS: There was an Industrial dispute, which involved the Respondent and its worker represented by the Applicants. Consequently, the dispute was referred to the Industrial Arbitration Panel (IAP) by the Commissioner of Labour on the 14th January, 1977 after conciliation had failed. The Industrial Arbitration Panel made an Award on 5th August 1977, which was confirmed by the Commissioner to take effect from the date of the Award. However, the Respondent sought to exclude seven members of the Applicant union from benefitting from the Award Consequently, the Applicant applied to the National Industrial Court to determine persons entitled to benefit from the Award. In reaction, the Respondent challenged the jurisdiction of the National Industrial Court to entertain the application, on the ground that there was no dispute between the Applicant; the Respondent. HELD: (Granting the Applicant s application): 1. On Jurisdiction of the National industrial Court to entertain application interpret an award - An application, as in the instant case, for the interpretation of an award made by Industrial Arbitration Panel (IAP) as it may affect the interest of either party dispute, comes within the jurisdiction of the National Industrial Court accordance with section 15(l)(b)(iii) of the Trade Disputes Act, 1976. 2. On Rights of all members of a trade union to benefit from an award by Industrial Arbitration Panel - Where there is an award by the Industrial Arbitration Panel pursuant to a dispute, all the members of the union involved have interest in the award and are entitled to claim under it. Consequently, in this case, the National industrial Court granted the aggrieved members of the Applicant union terminal benefits redundancy pay as stipulated in the Industrial Arbitration Panel's Award. 3. On Whether workers who did not work during period of trade dispute entitled to salaries during that period - Where certain employees of a union involved in trade dispute with the employer did not work during the period of the trade dispute until an award by the Industrial Arbitration Panel, the court will not award salaries to such workers. 4. On Period of service for purpose of calculating terminal benefits pursuant to an award by the Industrial Arbitration Panel- The period of service for the purpose of calculating terminal benefits pursuant to an award of the Industrial Arbitration Panel is the period of employment up to and including the date of the award. 5. Duty on employer to reinstate employees recalled during the pendency of trade dispute - Where an employer directs employees to re-apply for employment during the regency of a trade dispute, and the employees so re-apply, then the employer will re round to re-instate such employees to its employment. In the instant case, since the seven workers affected re-applied to the Respondent pursuant to the respondents' notice to that effect, the seven workers ought to have been reinstated by the Respondent. 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