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PATOVILKI INDUSTRIAL PLANNERS LIMITED, (AS AMENDED BY THE ORDER OF THE COURT; FORMERLY KNOWN AS PATOVILKI INDUSTRIAL CLEANERS LIMITED) AND NATIONAL UNION OF HOTELS AND PERSONAL SERVICES WORKERS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT B.N. OBUA, ESQ. - MEMBER E.O. OLOWU, ESQ. - MEMBER SUIT NO: - NIC/12/89 DATE OF JUGEMENT - FRIDAY, 6TH JULY, 1990 LABOUR LAW - Trade union - National Union of Hotels and Personal Services Workers - Recognition of as a trade union -Embrace of - Schedule 3, Trade Unions (Amendment) Decree No.22 of 1978. LABOUR LAW - Trade union - Recognition of - Registered trade Union – Denial of recognition of by employer -Whether lawful. LABOUR LAW - Trade union - Right of workers to form - Whether both permanent and temporary or casual workers can form a trade union. TRADE UNION LAW - Trade union - National Union of Hotels and Personal Services Workers - Recognition of as a trade union - Embrace of- Schedule 3, Trade Unions (Amendment) Decree No.22 of 1978. TRADE UNION LAW - Trade union - Recognition of trade union -Registered trade union - Denial of recognition of by employer - Whether lawful. TRADE UNION LAW - Trade union - Right of workers to form - Whether both permanent and temporary or casual workers can form a trade union. ISSUES: 1. Whether the alleged non-recognition of the Respondent has been substantiated. 2. Whether the alleged contracting out of the union by some workers has established. 3. Whether the Appellant hindered the unionization of its workers. FACTS: The Appellant Company is into the business of industrial cleaning. The Respondent is a registered trade union. The union applied to unionize the Appellant's workers, refused. The Respondent therefore declared a trade dispute. The Industrial Arbitration Panel heard the dispute and found in favour of the Respondent union. The Appellant being dissatisfied appealed to the National Industrial Court. HELD: (Dismissing the appeal): 1. On Recognition of National Union of Hotels and Personal Services Workers as a trade union and its embrace - By the combined provisions of item No.32 of Schedule 3 to the Trade Unions (Amendment) Decree No.22 of 1978 and Government Notice No.92 in the Federal Republic of Nigeria Extraordinary Official Gazatte No.6, Vol.65 of 8th February, 1978, the National Union of Hotels and Personal Services Workers is given automatic registration and recognition. The union embraces services generally involving the care of the person and his apparel, hotels, restaurant, cafes, taverns and other drinking and eating places, rooming houses, camps and other lodging places, laundries and services, cleaning and dying, barber and beauty shops. Domestic services, portrait and commercial photographic studios, shops and offices, cleaning and related services. In the instant case, the workers of the Appellant, who engage in the cleaning of industrial premises, are eligible to become members of the Respondent. 2. On Whether lawful for an employer to deny recognition for a registered trade union- It is unlawful for an employer to deny its workers' union recognition once it has been registered as a union under Schedule 3 of the Trade Unions (Amendment) Decree of 1978. 3. On Right of both permanent and temporary or casual workers to form a trade union - Section 1, subsection 1 of the Trade Unions Decree, 1973 allows workers, whether permanent or temporary, to form a trade union. A relevant trade union can unionize workers who are casual daily paid workers.