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BALOGUN UPHOLSTERY FURNITURE INDUSTRY NIGERIA LIMITED AND NATIONAL UNION OF FURNITURE & WOOD WORKERS OF NIGERIA (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/1/84 DATE OF JUDGMENT THURSDAY, 15TH NOVEMBER, 1984 LABOUR LAW Redundancy benefits - Where workers' appointment unlawfully terminated - Rates at which redundancy benefits paid - Where there is collective agreement - Effect of -Whether they must be deemed to be entitled to payment of redundancy benefits. LABOUR LAW Trade union Law - Recognition of - Trade union recognized by Registrar of Trade Unions - Refusal of employer to recognize -Effect of- Criminal nature of. TRADE UNION LAW Trade union - Recognition of - Trade union recognized by Registrar of Trade Unions -Refusal of employer to recognize - Effect of - Criminal nature of. FACTS: There was a trade dispute between the parties, which was referred to the Industrial Arbitration Panel (IAP). The issues in dispute were refusal to recognize the Respondent Union; termination of the appointment of Union leaders and members and refusal to pay redundancy benefits. The Appellants did not put up appearance throughout the whole: proceedings at the IAP. The IAP found for the Respondent in its Award. The Appellant objected to the Award, contending that it sacked the workers because of poor financial situation of the Appellant Company. The Appellant also contended that it had paid all affected workers their dues (including redundancy benefits). The Respondent on their part denied all the Appellant's contention. HELD: (Dismissing the Appellant's appeal and upholding the IAP Award): 1. On Effect of employer's refusal to recognize a registered trade union - It is an offence under the Trade Unions (Amendment) Act, 1978 for any employers; to deliberately refuse to recognize any trade union duly recognized by the Recognize by Trade Union of Trade Unions. The court therefore deprecated the Appellant's alleged recognition of the branch union of the Respondent in this case. 2. On Rates at which redundancy benefits are paid - Where there is a collective agreement, workers whose appointments unlawfully terminated are deemed to be entitled to the payment of redundancy benefits at the rate stipulated in the Collective Agreement. 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