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FOOTWEAR, LEATHER AND RUBBER PRODUCTS WORKERS’ UNION OF NIGERIA AND SUPER ENGINEERING COMPANY LIMITED (NATIONAL INDUSTRIAL COURT) HON.JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT B.N. OBUA, ESQ. - MEMBER E.O. OLOWU, ESQ. - MEMBER SUIT NO: - NIC/18/89 DATE OF RULING - WEDNESDAY, 17TH OCTOBER, 1990. LABOUR LAW - Trade dispute - Award of Industrial Arbitration Panel – Duties of Minister upon receipt of- Section 9(2), Trade Disputes Act. LABOUR LAW - Trade dispute - Notice of award of Industrial Arbitration Panel - Objection thereto – Non- receipt of by Minister within time limited therefor - Duty on Minister to confirm award - Section 10(2), Trade Disputes Act. LABOUR LAW - Trade dispute - Objection thereto – Notice of award of Industrial Arbitration Panel – Time limit therefor - Section 9(2), Trade Act - How interpreted. TRADE DISPUTE - Award of Industrial Arbitration Panel - Notice of objection to - Non- receipt of by Minister within time limited therefor - Duty on Minister to confirm award -10(2), Trade Disputes Act. TRADE DISPUTE - Award of Industrial Arbitration Panel- Objection thereto – Notice of Time Limit therefor - Section 9(2), Trade Disputes A How interpreted. TRADE DISPUTE - Award of Industrial Arbitration Panel - Duties of Minister upon receipt of – Section 9(2), Trade Disputes Act. ISSUE: What it is the time limit for giving notice of objection to the Industrial Arbitration Award notified and published to the parties on 31st October, 1989? FACTS: By the letter No. ML/HC/542/1/46 of 3 1/10/89, the Minister of Employment, Labour and Productivity gave the notice and publication of the Industrial Arbitration Panel award to the parties in respect of a trade dispute between them. The Appellant gave notice of objection in the letter No.JUBO/BO/GS/36/89 dated 6th November, 1989 addressed to the Minister and stamped as “Received” in the Minister’s office on 8th November 1989. The dispute was therefore referred to the National Industrial Court. The Respondent on its part filed an application before the National Industrial Court to the effect that the appeal was incompetent, on the ground that the notice of objection was lodged outside the stipulated time limit. HELD: (Dismissing the Respondent’s objection): 1. On Duties of Minister upon receipt of award of Industrial Arbitration Panel without receipt of notice of objection to the award- Under section 9(2) of the Trade Disputes Act, on the receipt of the award of the Industrial Arbitration Panel (IAP), the Minister has to do two things, namely: (a) give to the parties or their representatives notice of the award and specify the time not more than seven days from the publication of the notice within which and the manner in which notice of objection to the award may be given; (b) publish notice of the award in such other manner (if any) he thinks fit and specify the time not more than seven days from the publication of the notice within which the notice of objection to the award may be given. The Minister is also expected, in accordance with the provisions of section 10(2) of the Trade Disputes Act, on non-receipt of the notice of objection to the award within the stipulated period of seven days, to publish a notice of confirmation of the award in the gazette. 2. On Time limit for giving notice of objection to award of Industrial Arbitration Award - Section 9(2) of the Trade Disputes Act, 1976 provides that the notice of objection (i.e. appeal) must be given within a period of not more than seven days from the publication of the notice of the award. In the instant case, the simple straightforward and ordinary interpretation of those provisions is that a notice of objection to a notice of award, published on 31st November, 1989 should be given not later than 7th November, 1989. In this case, the Appellant gave the notice of objection on 6 November, 1989, and therefore within time limit.