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MANAGEMENT OF BRITISH-AMERICAN INSURANCE COMPANY LIMITED AND 1. NATIONAL UNION OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS EMPLOYEES (NUBIFIE) 2. ASSOCIATION OF SENIOR STAFF OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS (ASSBIFI) (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT S.O. KOKU, ESQ. - MEMBER ALHAJI Z.M. BELLO - PRESIDENT SUIT NO: NIC/14/85 DATE OF RULING - WEDNESDAY, 18TH JUNE, 1986 LABOUR LAW - Trade dispute -Award of Industrial Arbitration Panel - Where not confirmed by Minister - Consequence of - Section 9(3), Trade Disputes Act, 1976-Reference of dispute to National Industrial Court by Minister – Competence of to hear same - Section 10(1), Trade Disputes Act, 1976. TRADE DISPUTE - Award of Industrial Arbitration Panel - Where not confirmed by Minister - Consequence of - Section 9(3), Trade Disputes Act, 1976 - Reference of dispute to National Industrial Court by Minister -Competence of to hear same - Section 10(1), Trade Disputes Act, 1976. ISSUES: Whether the court is competent to hear this dispute referred to it by the Minister for labour and Productivity in accordance with the provisions of Section 10(1) of the Trade Disputes Act, 1976. FACTS: Following an objection to the Award of the Industrial Arbitration Panel (IAP) by Appellant, the Minister of Labour referred a dispute between the parties to the National Industrial Court for final settlement. The Respondents' counsel filed a preliminary objection to the hearing of the case on ground that the court lacked the jurisdiction to entertain the suit. The reasons for objection include the following; that the terms of reference upon which the court was to adjudicate by the Minister had been settled between the parties to the suit vide consent judgment and award of the Industrial Arbitration Panel (IAP) of 1985, sanctioned Minister of Labour; that the suit was res judicata, and; that the question presented in the were hypothetical. HELD: (Dismissing the Respondents 'preliminary objection): On Consequence of objection to consent award by Industrial Arbitration Panel which has not been confirmed by the Minister - Where there is an objection to a consent award made by the Industrial Arbitration Panel respect of a dispute, which award has not been confirmed by the Honourable Minister of Employment, Labour and Productivity as required by section 9(3) of the Trade Disputes: 1976, the consequence is that arbitration has failed to settle the dispute. The National Inc Court is therefore competent to hear the dispute when referred to it by the Minis accordance with the provisions of section 10(1) of the Trade Disputes Act, 1976. H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, S.O. KOKU,ESQ. MEMBER, ALHAJI Z.M. BELLO MEMBER