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THE .NIGERIA CIVIL SERVICE UNION AND IMO STATE GOVERNMENT (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/7/81 DATE OF JUDGEMENT MONDAY, 26th APRIL, 1982. LABOUR LAW Trade dispute - Agreements by parties thereto -Wherenot recognized by law - Whether estoppel will compel parties to honour same. LABOUR LAW Trade dispute - Award of Industrial Arbitration Panel - Agreements by parties embodied therein -Confirmation of- When becomes binding - Section 9, Trade Disputes Act, 1976. TRADE DISPUTE Agreements by parties to trade dispute - Where not recognized by law - Whether estoppel will compel parties to honour same. ISSUE: Whether both parties did indicate on concurrence, during the proceedings, with the agreements recorded in the Award of the Industrial Arbitration Panel (IAP) as the Respondent contend. FACTS: The dispute between the parties, which was referred to the Industrial Arbitration Panel (IAP) was on the issue of integration of Principal Executive Officers (Revenue) into the Inspectorate Cadre in the Respondents Civil Service without examination as was the practice comparable post in the intermediate grade post in the State Civil Service, e.g. The Industrial Arbitration Panel in its Award stated that integration of junior officers in i Executive Officer (Revenue) Cadre into the Inspectorate Cadre would be subject to the passing a test conducted by a proposed external examination body. The Appellant objected to the Panel's Award contending that at no time during proceedings before the IAP did the Appellant agree that examination should form the basis of integration of Principal Executive Officer into the Inspectorate Cadre of the Respondent, Board of Internal Revenue. It was contended on behalf of the Appellant that the Federal Government Circular No.3 1976 dated 14th April 1976, which dealt with the issue of integration of Administrative; Executive Cadres in the public service did not stipulate the taking of examination as its requirement. On the part of the Respondent, all the Appellants' claims were denied. It was contended that the Appellant concurred with the agreements recorded in the Award of the IAP, therefore was estopped from denying the contents of the IAP award. HELD: (Allowing the Appellant's appeal): 1. On When agreements embodied in an award of the Industrial Arbitration Pa becomes binding on the parties thereto - Agreements reached by parties to a trade dispute, which form an award by Industrial Arbitration Panel are not binding on the parties to the dispute until award has been confirmed in accordance with the provisions of Section 9 of; Trade Disputes Act, 1976. 2. On Whether principle of estoppel applies to agreements which the law does, recognize - The principle of estoppel cannot be applied to compel parties to honour agreement which the law does not recognize. 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