FOOTWEAR, LEATHER AND RUBBER PRODUCTS WORKERS' UNION OF NIGERIA AND MANAGEMENT OF STANDARD PLASTICS INDUSTRY (NIGERIA) LIMITED (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT ALHAJI Z.M. BELLO - MEMBER M.A. BORISADE, ESQ. - MEMBER SUIT NO: - NIC/3/89 DATE OF RULING - THURSDAY, 7TH OCTOBER, 1988. LABOURS LAW - National Industrial Court - Judgment or award thereof or by Industrial Arbitration Panel - Power of to interpret - Section 11(1) and (2), Trade Disputes Act, 1976. LABOUR LAW - National Industrial Court - Reference to -Reference of judgment for interpretation -Nature of - Whether rehearing - Section 11(1) and (2), Trade Disputes Act, 1976. LABOUR LAW - Salaries - "One month basic pay" - Meaning of. WORDS AND PHRASES - "One month basic pay" - Meaning of. ISSUES: 1. Whether the 197 workers whose appointments were terminated are entitled to their salaries and allowances up to the date of the judgment. 2. Whether the term “one month basic pay” includes allowances. FACTS: A trade dispute between the parties was referred to the Industries Arbitration Panel (IAP) for arbitration. The Respondents were not happy with IAP award and appealed to the National Industrial Court. The court heard both parties and gave its judgment. Both parties have conflicting interpretations of the court's judgment. Consequently, the Appellant applied to the court pursuant to section 11(1) and (2) of the Trade Disputes Act, 1976 for the interpretation of its judgment. HELD: (Dismissing the Appellant s application): 1. On Whether reference to National Industrial Court under section 11 subsection (1) and (2) of the Trade Disputes Act, 1976 a rehearing - A reference made to the National Industrial Court pursuant to the provisions of section 11(1) and (2) of the Trade Disputes Act, 1976 is not, and should no: regarded, as a rehearing, 2. On Power of National Industrial Court to interpret its judgment or award by Industrial Arbitration Panel - By virtue of the Trade Disputes Act, 1976, the National Industrial Court, is empowered to interpret what its judgment or the award of the Industrial Arbitration Panel mean, or what meaning is appropriate to the intents of the judgment or award. 3. On Effect where National Industrial Court holds that workers terminated should not be reinstated - Where the National Industrial Court in its judgment holds that terminated workers should not be reinstated, it thereby confirms termination of such workers. As such the workers could not be deemed to still be in the service of their employer after date of termination. They would therefore not be entitled to salaries and allowance during the period of dispute up to the date of court's judgment. 4. On Meaning of one-month basic pay - "One month basic pay" does not include allowances.