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NIGERIA CIVIL SERVICE UNION AND MINISTRY OF ESTABLISHMENTS AND MANAGEMENT SERVICES (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT CHIEF M.A. BORISADE - MEMBER E.O. OLOWU, ESQ. - MEMBER SUIT NO: NIC/9/92 DATE OF JUDGMENT - FRIDAY, 10TH JUNE, 1994 CIVIL SERVICE National Public Services Negotiating Council II -Decisions of- Status of- Whether final and binding. CWIL SERVICE Post of Chief Personal Assistant - Grade level of. CIVIL SERVICE Posts in the civil service - Grading of- Principle applicable thereto. LABOUR LAW Civil Service - Post of Chief Personal Assistant - Grade level of. LABOUR LAW Civil service - Posts in the civil service - Grading of - Principle applicable thereto. LABOUR LAW National Public Services Negotiating Council II- Decisions of- Status of-Whether final and binding. ISSUE: Whether the Respondent was justified in refusing/failing to effect the elongation of the post of Chief Personal Assistant Grade Level 13 to Grade Level 14 on the basis of the purported agreement at the meeting of 4th September, 1987 at Ibadan before the enactment of the Civil Service (Re-Organization) Act, Cap. 55, Laws of the Federation of Nigeria, 1990. FACTS: The National Public Services Negotiating Council II, at its meeting of 4th September, 1987 at Ibadan agreed that the post of Chief Personnel Assistant Grade Level 13 be elongated to Grade Level 14. When the Respondent refused to implement the agreement, the Appellant proceeded to the Industrial Arbitration Panel, which held that the action of the Respondent was illegal and unlawful, but the Panel declined to make any award. The Appellant was dissatisfied with the “No-Award” of the Industrial Arbitration Panel, and appealed to the National Industrial Court. HELD: (Dismissing the appeal): 1. On Whether decisions of the National Public Services Negotiating Council II binding - The decisions of the National Public Services Negotiating Council II are nothing more than recommendations which have to be approved by higher government bodies, namely: the National Council of Establishments; the National Council of Ministers; the National Council of States, and finally the Provisional Ruling Council. It is after obtaining the final approval by the appropriate body that the Ministry of Establishments and Management Services can implement the decision by way of issuing out the appropriate establishment circular. In the instant case, the decision of the National Public Services Negotiating Council II on the issue of elongation of the salary grade level 13 to grade level 14 was not final and binding, but a mere recommendation. 2. On Principle applicable to grading of posts - The principle applicable to the grading of posts is that the job must be evaluated, not the job holder, and that grade levels should be determined on the basis of job worth. 3. On Grade level of the post of Chief Personal Assistant in the civil service - By section III, subsection 13A of the schedule to the Civil Service (Re Organization) Act, Cap.55, Laws of the Federation of Nigeria, 1990, the post of Chief Personal Assistant is placed on Grade Level 13.