MANAGEMENT OF NIGERIAN AGRICULTURAL AND COOPERATIVE BANK LIMITED AND 1. NATIONAL UNION OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS EMPLOYEES. 2. ASSOCIATION OF SENIOR STAFF OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT M.A. BORISADE, ESQ. - MEMBER B.N. OBUA, ESQ - MEMBER SUIT NO: - NIC/16/86 DATE OF JUDGMENT - 1ST JULY, 1988. LABOUR LAW - Agreement - Agreement between employer and workers' union - Where contrary to public policy - Whether void. LABOUR LAW - Reinstatement of workers - Where removal of workers valid and justified in law -Whether court can order reinstatement of removed workers. TRADE UNION LAW - Agreement - Agreement between employer and workers' union - Where contrary to public policy - Whether valid. ISSUES: 1. Whether the failure of the Appellant to reinstate the workers affected as agreed in the joint memorandum of agreement was justified: 2. Whether the Appellant was justified in terminating the appointment of Miss I.U. Mpamugo, Confidential Secretary IV. FACTS: E A. Alobari, U. Azorji and M.K. Maisobi, were among the 47 employers' of the Appellant retrenched during the 1984 mass retrenchment exercise pursuant to the then Federal Military Government's directives. After the retrenchment exercise, the parties entered into an agreement to reinstate the above employees of the Appellant contrary to public policy as contained in government circular on the retrenchment exercise. The Appellant refused to reinstate the affected staff. The Respondent therefore declared a trade dispute, which was referred to the Industrial Arbitration Panel (IAP). The IAP ordered the Appellant to reinstate the affected staff. The Appellant was aggrieved by the IAP award and objected thereto. The dispute was then referred to the National Industrial Court for determination. HELD: (Allowing the appeal). 1. On Treatment of agreement between employer and workers, which is contrary to public policy - Any agreement between employer and workers union whereby it is agreed that management should reinstate removed workers, which is contrary to public policy, is void. 2. On Whether National Industrial Court can order reinstatement of workers whose removal was valid and justified - The National Industrial Court cannot order the reinstatement of removed workers where their removal is valid and justified in law. In this case, the removal of the affected staff was valid under Decree No. 17 of 1984.