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SGS INSPECTION SERVICES (NIGERIA) LIMITED AND PETROLEUM AND NATURAL GAS SENIOR STAFF ASSOCIATION OF NIGERIA (PENGASSAN) (NATIONAL INDUSTRIAL COURT) HON. JUSTICE M.A. BORISADE PRESIDENT PROF. B.B. KANYIP MEMBER MRS. V.N. OKOBI MEMBER SUIT NO: NIC/3/2000 DATE OF JUDGMENT 26TH JULY, 2001 LABOUR LAW Lock-out of workers - Prevention of employees by armed policemen from entering premises of employer on invitation of employer - Whether constitutes lock-out. LABOUR LAW Lock-out of workers - Whether court will order reinstatement of workers locked-out - How employment treated. LABOUR LAW Trade union - Unionization of employees - Senior staff of establishment rendering services in the oil industry - Jurisdiction of PENGAS SAN to unionize. LABOUR LAW Wages - Lock-out of workers - Workers locked – out - Entitlement of to wages during period of lock-out. TRADE DISPUTE Lock-OUT WORKERS- Prevention of employees by armed policemen from entering premises of employer on invitation of employer-Whether constitutes lock-out. TRADE DISPUTE Wages - Lock-out of workers - Workers locked - out- Entitlement of to wages during period of lock-out. TRADE UNION LAW Unionized of employees – Senior staff of establishment rendering services in the oil industry – Jurisdiction of PENGASSAN to unionize. ISSUES 1. Whether the Respondent is the competent trade union to unionize the senior staff of Appellant. 2. Whether there was victimization, lock-out and retrenchment of members of the Senior Staff Association (SGS Branch) over participation in trade union activities. FACTS The Respondent/Association sought to unionize the senior staff of the Appellant company, which felt that the Respondent was not the competent association to unionize its senior staff. In the course of the misunderstanding, the Appellant invited armed policemen who took over its premises and prevented its senior staff from entering the premises. The matter was referred to the Industrial Arbitration Panel (IAP), which made its award. The Appellant, dissatisfied with the second leg of the award, on victimization, lock-out and retrenchment of members of Senior Staff Association (SGS Branch) over participation in trade union activities, appealed to the National Industrial Court. Held: (Allowing the appeal on reinstatement): 1. On Jurisdiction of PENGASSAN to unionize senior staff of establishment rendering services in the oil industry - In the 8th February, 1978 Federal Republic of Nigeria Official Gazette No.6 Vol.65 Restructuring of Trade Unions at No.45 and 46 of the proposed seventy-one Industrial Unions, the jurisdictional scope of PENGASSAN was tied to that of NUPENG. The Federal Republic of Nigeria Official Gazette No.24, Vol.80 of 3 1st August, 1993 placed a restriction on the jurisdictional scope of NUPENG in relation to employees in the construction of gas pipelines and establishment rendering services in the oil industry. Because of the tie of PENGASSAN to NUPENG in terms of area of jurisdiction, PENGASSAN was similarly restricted. The Decree 4 of 1996 at No.13 in providing the jurisdictional scope of NUPENG did away with the restriction as to the employees in establishment rendering services in the oil industry, but left intact the restriction as to the construction of oil and gas pipelines. This means that NUPENG can unionize employees rendering services in the oil industry and by inference PENGASSAN can equally unionize workers in establishment rendering services in the oil sector. The above is the current position in view of the fact that Decree No.1 of 1999 left intact the jurisdictional scope of NUPENG as would be found in Decree 4 of 1996. 2. On Jurisdiction of PENGASSAN to unionize senior staff of establishment rendering services in the oil industry - It is trite law that a statute is superior to any secondary legislation made under it, particularly where the secondary legislation goes contrary, or is ambiguous, to the main statute. Consequently, Decree 4 of 1996 and Decree 1 of 1999 supercede the 1993 Gazette in relation to jurisdictional scope of NUPENG From the above, therefore, PENGAS SAN has jurisdiction to unionize the Senior Staff of an establishment rendering services in the oil industry. This means that PENGASSAN can unionize senior staff of the Appellant, SGS, in view of its substantial involvement in the oil industry, as shown in the permits to operate as an oil industry service company issued to SGS in the different categories and duly signed by the Director of Petroleum Resources. 3. On Whether invitation by management of armed policemen who took over company’s premises and prevention of employees from entering the premises constitutes lock-out of workers - Where at invitation by the management of a company, armed policemen take over the premises of the company and actually prevented the employees of the company from entering the premises, the action of the management constitutes lock-out of the staff. 4. On Entitlement of locked-out employees to wages during lock-out - Employees who are locked-out by their employer shall be entitled to wages and any other applicable remuneration for the period of lock-out on the authority of section 42(1 )(b) of the Trade Disputes Act, Cap.432, Laws of the Federation of Nigeria, 1990. However, the court may not be inclined to order reinstatement. 5. On Whether court will order reinstatement of locked-out workers - The court may not be inclined to order reinstatement of locked-out workers.