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MANAGEMENT OF HARMONY HOUSE FURNITURE COMPANY LIMITED AND NATIONAL UNION OF FURNITURE, FIXTURES AND WOOD WORKERS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT S.O. KOKU, ESQ. - MEMBER ALHAJI Z.M. BELLO - PRESIDENT SUIT NO: NIC/3/85 DATE OF JUDGMENT - FRIDAY, 18TH JULY, 1986 LABOUR LAW - Conditions of service - Duty on employer to give a worker written conditions of service within three months of being employed. LABOUR LAW - Trade union - Constitutional right to form or belong to - Section 37, 1979 Constitution. LABOUR LAW - Trade union - Recognition of by an organization - Whether obligatory - Non-recognition of- Effect. TRADE UNION LAW - Trade union - Constitutional right to form or belong to - Section 37, 1979 Constitution. TRADE UNION LAW - Trade union - Recognition of by an organization Whether obligatory - Non-recognition of- Effect. ISSUE: Whether the Appellant's refusal to reinstate the Branch Union Chairman of the Respondent was proper. FACTS; The Appellant was having difficulty paying its staff their full salaries, because insufficient funds. Specifically, on 28th February, 1985, the Appellant issued a circular which was posted on the notice board stating that two-thirds of workers' salaries would be paid. When the workers read it, they were not happy and as a result locked up the company's gate from 9.00am until about 6.00pm. The company believed that the locking up of the gate done by Mr. Andrew Omobhude, the chairman of the workers' union and consequently dismissed him from its service. The Respondent was angered by the action of the company in dismissing Mr. Omobhude and declared a trade dispute. The dispute was referred to the Industrial Arbitration (IAP), which by its award ordered that the branch chairman, Mr. Omobhude treated as having been retired as redundant with effect from 4th March, 1985 and paid redundancy and other benefits based on his length of service. The Appellant was dissatisfied with the IAP award and lodged an objection to some. Consequently, the matter was referred to the National Industrial Court. HELD: (Dismissing the Appellant s appeal): 1. On Obligatory recognition of a trade union - Section 22 of the Trade Unions (Amendment) Decree, 1978 stipulate recognition of a trade union in an organization is obligatory, and non-recognition regarded as a punishable offence. In the instant case, the two undertakings issued by the Appellant to be signed by workers to scare them away from joining the: union were illegal as they contravened the provisions of the above section. 2. On Constitutional right to form or belong to a trade union - Section 37 of the Constitution of the Federal Republic of Nigeria, 1979 provided that every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trace i or any other association for the protection of his interests. The Appellant said by issuing the undertakings in this case contravened the above provisions of Constitution. 3. On Duty of employer to provide a worker written conditions of service three months of being employed - Section 7 of the Labour Decree, 1974 requires an employer to give to a worker a written condition of service within three months after being employed. H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, S.O. KOKU,ESQ. MEMBER, ALHAJI Z.M. BELLO MEMBER