NIGERIA CIVIL SERVICE UNION AND GONGOLA STATE GOVERNMENT (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT ALHAJI Z.M. BELLO - MEMBER M.A. BORISADE, ESQ. - MEMBER SUIT NO: - NIC/5/88 DATE OF RULING - FRIDAY, 10TH MARCH, 1989. CIVIL SERVICE - Cadres in civil service - Cadre without any staff complement - Need for government to reflect in Annual Estimates. CIVIL SERVICE - Cadres in civil service - Government transferring entire personnel in a cadre to other cadres - Effect - Whether not amount to phasing out the entire cadre. CIVIL SERVICE - State Government - Right of not to be compelled to recruit workers. LABOUR LAW - Cadres in civil service - Cadre without any staff complement - Need for government to reflect in Annual Estimates. LABOUR LAW - Cadres in civil service - Government transferring entire personnel in a cadre to other cadres - Effect - Whether not amount to phasing out the entire cadre. LABOUR LAW - Recruitment - Right of employer not to be compelled to recruit workers. LABOUR LAW - Trade union - Consultation with - Union which served in official capacity in committee set up by employer - Whether amounts to consultation with the union. TRADE UNION LAW - Trade union - Consultation with - Union which served in official capacity in committee set up by employer -amounts to consultation with the union. ISSUES: 1. Whether the messengers' cadre was phased out in the civil service of Gongola State by the Respondent. 2. Whether the phasing out action which was later amended to "re-assignment", was carried out unilaterally by the Respondent as was alleged by the Appellant. FACTS: The Respondent, Gongola State Government issued a circular letter phasing out the messenger cadre within its civil service. Consequently, the Appellant protested to the Respondent on the government action in relation to the circular letter, demanding a restoration of the messenger cadre. The Appellant's protest led to a trade dispute being declared by the Union, which was referred to the Industrial Arbitration Panel (IAP). The IAP made an award on 30th March, 1988. On the Appellant's demand for a restoration of the messenger cadre, the IAP made a "No Award”. Meanwhile, the Respondent issued an amending circular letter dated 5th April, 1988 captioned re-assignment of messengers within Gongola State Civil Service". Following an objection by the Appellant to the IAP award, the dispute was referred to the National Industrial Court. HELD: (Dismissing the appeal): 1. On What amounts to phasing out of an entire cadre in a State's civil service - A State Government's action in transferring the entire personnel from one cadre to other cadres, and the non-inclusion of the cadre in the Annual Estimates for two years amounts to phasing out of the said cadre in the State's civil service. 2. On Whether State Government can be compelled to recruit workers - A State Government cannot be compelled to recruit new workers, in this case messenger. 3. On Whether union members in official capacity to serve in a committee ser employer amount to consultation with union - Where the court finds that some important union members served on a committee set up by their employer, but such union members were there in official capacity, the court will hold that h union was not consulted.