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MANAGEMENT OF NIPOL LIMITED, IBADAN AND NATIONAL UNION OF CHEMICAL AND NON-METALLIC PRODUCTS WORKERS (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/1/83 DATE OF JUDGEMENT TUESDAY, 8TH NOVEMBER, 1983 INDUSTRIAL RELATIONS Matters of industrial relations - Workers soliciting intervention of a State House of Assembly in respect thereof- Propriety of. LABOUR LAW Industrial action by workers - Where workers embark on industrial action in breach of relevant law - Whether industrial action thereby illegal - Whether workers fail to resume normal work despite employers repeated warnings of consequences: illegal industrial action - Whether employer can summarily dismiss workers for such failure. LABOUR LAW Industrial Arbitration Panel - Powers of - Extent of when making its award LABOUR LAW Industrial relations - Matters of - Worker soliciting intervention of a State House Assembly in respect thereof- Propriety of. TRADE DISPUTE Industrial action by workers - Where workers embark on industrial action in breach of relevant law - Whether industrial action thereby illegal – When workers fail to resume normal work despite employer's repeated warnings of consequences of illegal industrial action - Whether employer can summarily dismiss workers for such failure. 3 Best course of action for state government to take where its liability for unpaid workers entitlements is not disputed - Where the liability of a State Government for unpaid workers' entitlements embodied in a judgment is not disputed, the legal advisers of the State Government should advise that the best course of action for the Government to take should be to file an application to pay the judgment debt owed the workers by installments. Reasons for the application should be embodied in the affidavit in support of the motion. Where genuine reasons backed up with cogent data and facts are given, such an application would receive a sympathetic consideration. 4. On Remedies available to workers of a state government defaulting in payment of entitlements established by the National Industrial Court - State Government workers are entitled to employ against the State Government sanction which the Trade Disputes Act, 1976 stipulates in sections 10(4), (5) and (6) through processes which may be initiated in the High Court or Magistrate's Court of the appropriate State. The enforcement of these penalties is in addition to JET : :r.er remedy, which the court may make in favour of the workers. HON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, DR O.I. ODUMOSU MEMBER, S.O. KOKU,ESQ. MEMBER, DR. E.C. IWUJI MEMBER, Z.M. BELLO MEMBER