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AG1UCULTURALAND ALLIED WORKERS’ UNION OF NIGERIA AND BENUE STATE AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P. A. ATILADE - PRESENT M.A. BORISADE, ESQ. - MEMBER B.N. OBUA, ESQ. - MEMBER SUIT NO: - NIC/16/89 DATE OF JUDGMENT - FRIDAY, 26TH SEPTEMBER 1990 LABOUR LAW - Benefit – Payments of to workers – Benefits under an offending and abrogated policy – Payements thereunder - Refund by workers paid thereunder -Whether National Industrial Court will order - Attitude of thereto. ISSUES 1. Whether the Appellant’s claim of non-provision of training facility Respondent was made out. 2. Whether the Appellant’s claim of non-promotion of staff by the made out. 3. Whether the court can order further payments to be made under an offending and abrogated policy, and also order workers who claimed under the policy to refund what they claimed. 4. Whether the workers are entitled to payment of the arrears of the other half traveling allowance in the circumstance of this case. FACTS: The Respondent is a multi-party organization being funded by the Benue State Government, Federal Government of Nigeria arid the World Bank. The dispute between the Appellant and the Respondent was heard by the Industrial Arbitration Panel, which made a “No Award” on the four items in dispute. The Appellant was dissatisfied with the IAP award and appealed to the National Industrial Court. HELD: (Dismissing the appeal): On Whether National Industrial Court will order payment of benefits to workers under an offending policy which has been abrogated - The National Industrial Court will not order that further payment be made to workers under an offending policy, which has been abrogated. The court will not also order the workers who claimed under the policy to refund what they claimed because to do so will be punitive loran irregularity for which they cannot be held responsible.