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NATIONAL UNION OF PAPER AND PAPER PRODUCTS WORKERS AND THE MANAGEMENT OF WAHUM PACKAGES NIGERIA 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/5/82 DATE OF JUDGEMENT FRIDAY, 18TH FEBRUARY, 1983 LABOUR LAW Trade union - Peaceful picketing workers - Attempt by trade union official to enter premises of an employer without permission in the absence of trade dispute. Whether constitutes peaceful pick: within the provisions of section 45(1), Trade Unions Act. TRADE UNION LAW Trade union official - Attempt by union official to enter premises of an employer without permission in the absence of trade dispute - constitutes peaceful picketing within the provisions of section 45(1), Trade Union Act, 1973. ISSUE: Whether the termination of the appointment of Mr. Alloysius Iwu, the Union Chairman, for allegedly blowing the siren at the Respondent's factory on 9th April thereby forcing all the workers to abandon their jobs and bringing work to a stop factory was right and proper. FACTS: The respondents terminated the appointment of one Mr. Alloysius Iwu, the Union Branch Chairman for allegedly blowing siren at the Respondents' factory on 9th April 1981, forcing all the workers to abandon their jobs and bringing work to a stop in the factory. The issue of the termination of Mr. Alloysius Iwu's appointment was contested at the Industrial Arbitration Panel (IAP) by the Appellant. The IAP found as a fact that Mr. Iwu without justification blew the siren at the factory premises on the 9th April, 1981 during the working hours thereby causing work stoppage at the factory, it then held that the act of Mr. Iwu was detrimental to the interest of his employer and was tantamount to serious misconduct, and the Tribunal accordingly made "No - Award" for the Appellant. The appellant objected to the award, which was referred to the National Industrial Court. The appellant contended that the action of the management of the Respondent in preventing the entrance of Mr. Alloysius Iwu into the company's premises to perform his duty on 24th April, 1981 amounted to a lock-out. It urged the court to reinstate Mr. Alloysius Iwu. On the other hand, the Respondent stated that the issue of lock-out did not arise, and that the :: termination issued to Mr. Iwu, which he refused to collect contained all his entitlement. HELD: (Dismissing the Appellant s appeal): On Whether attempt of a trade union official to enter the premises of any employer without permission in the absence of a trade dispute constitutes peaceful picketing - The action of a trade union official in attempting to enter the premises of any employer without permission, in the absence of a trade dispute, does not constitute peaceful picketing within the provisions of section 45(1) of the Trade Union Act, 1973 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