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NIGER GARMENTS MANAUFACTURING COMPANY LIMITED AND NATIONAL UNION OF TEXTILE, GARMET AND TAILORING WORKERS OF NIGERIA (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESENT S.O. KOKU, ESQ, - MEMBER ALHAJI Z.M. BELLO - MEMBER SUIT NO: NIC/5/83 DATE OF JUDGMENT - FRIDAY, 24TH JANUARY, 1986 LABOUR LAW - Dismissal - Workers dismissed without benefits because of trade union activities - Right of to payment of monetary compensation. LABOUR LAW - Trade dispute - Award - Beneficiaries of an award – Production of for the purpose of receiving entitlements - On whom onus thereof lies. LABOUR LAW - Trade dispute - Award by Industrial Arbitration Panel – Items therein not appealed against by Appellants - Whether National Industrial Court obliged to uphold same. LABOUR LAW - Trade union - Check-off system - Where workers contract out of the system - Whether court can compel employer to operate the system in respect of such workers. LABOUR LAW - Award of Industrial Arbitration Panel - Items therein not appealed against by Appellants -Whether National Industrial Court obliged to uphold same. TRADE DISPUTE - Award - Beneficiaries of an award - Production offer the purpose of receiving entitlements whom onus thereof lies. TRADE UNION LAW - Check-off system - Where workers contra; of the system – Whether court can compel employer to operate the system in respect of workers. TRADE UNION LAW - Dismissal - Workers dismissed without be because of trade union activities – Right payment of terminal and other benefits. ISSUES: 1. Whether the National Industrial Court can confirm items Nos. 1 and 2 of the Award of the Industrial Arbitration Panel. 2. Whether the Appellant refused to operate union check-off dues as agreed. FACTS: A trade dispute between the parties was referred to the Industrial Arbitration Pane (IAP) which made its award on the three items referred to it. Upon notification of the aware to the parties, the Appellant wrote to the Minister of Employment, Labour and Productivity expressing their inability to pay any award to any of the laid off staff. Upon receipt of the letter from the Appellant, the Minister referred the dispute National Industrial Court. When the matter came up, the Appellant indicated that it was not objecting to items Nos. 1 and 2 of the IAP Award. HELD: (Confirming items 1 and 2 and refusing item 3 of the IAP award): 1. On Power of the National Industrial Court to uphold items of Award Industrial Arbitration Panel accepted by an Appellant against the Award - Where the whole award of the Industrial Arbitration Panel (IAP) has not been confirmed by the Honourable Minister of Employment, Labour and Productivity as required by section 9 of the Trade Disputes Act, and the entire dispute cone: the issues between the parties has been referred to the National Industrial COURT FOR settlement, the court is obliged to make a pronouncement upholding the items IAP Award accepted by an Appellant, thus making those awards part judgment of the court. In the instant case, the court upheld items 1 and 2 of the IAP Award which the Appellant did not appeal against. 2. On whom lies the onus of producing beneficiaries of an award for the purpose of receiving entitlements - Where the court awards that unionized workers laid off by their employer should be given redundancy benefits as laid down in the collective agreement between the union and the employer, the onus of producing the beneficiaries of the award for the purpose of receiving their entitlements from the employer rests solely on the union, which should take such steps to inform the affected workers of the decision of the court in the matter. 3. On Right of workers who are dismissed for trade union activities to payment of terminal benefits - Workers who are dismissed without any benefits because of their trade union activities are entitled to be paid their terminal and other benefits which they are entitled to. 4. On whether court can compel an employer to operate "check-off” system in respect of workers who have contracted out of the system - The court will not compel an employer to operate the "check-off” system in its company respect of workers who have, in writing, contracted out of the system. H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, S.O. KOKU,ESQ. MEMBER, ALHAJI Z.M. BELLO MEMBER