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NIGERIAN RAILWAY CORPORATION AND NIGERIAN UNION OF RAILWAYMEN (NATIONAL INDUSTRIAL COURT) H ON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT ALHAJI E. M. BELLOW - MEMBER M.A. BORISADE, ESQ - MEMBER SUIT NO: NIC/11/91 DATE OF JUDGMENT - TUESDAY, 17TH MARCH, 1992 LABOUR LAW - Salaries - Duty on employers to pay workers’ salaries as and when due - Non-payment of salaries- Consequence of- Section 15, Labour Act. ISSUE: Whether it is imperative that the arrears of meal subsidy, overtime and other related allowances should be paid urgently by the management of the Nigerian Railway Corporation before the take-off of the proposed commercialization of the corporation. FACTS: The management of the Nigerian Railway Corporation, the Senior Staff Association and the Nigerian Union of Railway men entered into a common agreement on the 19th of December, 1989 to pay arrears of meal subsidy, overtime and all related allowances owed by the management of the Railway Corporation to the workers/staff in March or latest April, 1991. The management, however, violated the agreement by failing to redeem its pledge. The case of the non-payment of the meal subsidy, overtime and related allowances to the workers as agreed was then referred to the Industrial Arbitration Panel (IAP). The IAP in its award ordered payment in favour of the workers of a total ofN49,301,899.90k within one month of the date of confirmation of the award by the Minister. Upon refusal to honour the Industrial Arbitration Panel award, the matter was referred to the National Industrial Court by the Minister. HELD: (Allowing the appeal): On Duty on employers to pay workers ‘salaries as and when due - Non-payment of salary as and when due is a violation of section 15 of Labour Act, Cap. 198, Laws of the Federation of Nigeria, 1990. Employers must therefore endeavour to pay their workers their salaries as and when due in accordance with their terms of employment.