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  • Industrial Court Judgment: Industrial Court Orders Uni. Of Benin Teaching Hospital To Immediately Recognize The Existing Medical Lab. Scientist Dept For All Administrative Purposes

    Judgment: Industrial Court Orders Uni. Of Benin Teaching Hospital To Immediately Recognize The Existing Medical Lab. Scientist Dept For All Administrative Purposes

     

    Akure – His Lordship, Hon. Justice A. A. Adewemimo of the National Industrial Court of Nigeria, sitting in Akure on Tuesday 27th November 2018 in a judgment delivered Ordered University Of Benin Teaching Hospital and 3 others (defendants) to immediately recognize the existing Medical Laboratory Service Department and Federal Government Approved Scheme of Service and put same into full operation for all members of The Incorporated Trustees of the Association Of Medical Laboratory Scientists of Nigeria, The Incorporated Trustees of the Association Of Medical Laboratory Scientist of Nigeria, University of Benin Teaching Hospital Chapter, (1st and 2nd claimants) in accordance with the extant Laws/Acts, Rules, Circulars and Scheme of service and for all administrative purposes at the University of Benin Teaching Hospital, Benin City, Edo State (1stDefendant).

     

    The claimants sought against the defendants collectively among others; A declaration that the defendants herein are bound by the judgment of this Honourable Court delivered on the 23rd day of October, 2013 in Suit No. NICN/ABJ/128/2012 and on the 27th day of January, 2016 in suit No. NICN/ABJ/284/2014 respectively.

     

    An order directing the 1st – 4th defendants to immediately recognize the existing Medical Laboratory Service Department and Federal Government Approved Scheme of Service and put same into full operation for all members of the 1st and 2nd claimants including the 3rd and 4th claimants in accordance with the extant Laws/Acts, Rules, Circulars and Scheme of service and for all administrative purposes at the University of Benin Teaching Hospital, Benin City, Edo State (1stDefendant).

     

    Likewise, An order directing the defendants jointly and severally to allow members of the 1st and 2nd claimants (including the 3rd and 4th claimants) to operate/work under a separate Department in the University of Benin Teaching Hospital headed by a Medical Laboratory Scientist including the different Unit of the Department in accordance with extant Laws/Acts, Circulars, Rules, Scheme of Services and the judgments of this Honourable Court.

     

    In their written address, the Claimants’ argued that their application is predicated on the 1st Claimant’s case in suit Nos. NICN/ABJ/128/2012 andNICN/ABJ/284/2014 and the judgments in those cases. Pursuant to these Judgments, the 1st Claimant and her members in the employment of the 1st Defendant wrote the 1st Defendant demanding for the implementation of the said judgments, of which the Defendants bluntly refused to abide.

    Counsel submitted that the 1st Claimant is the umbrella body of all Medical Laboratory Scientists in the Public Health Sector in Nigeria and the judgments above delivered in favour of the 1st Claimants conferred some certain legal rights on its members who are employed in the Public Health Sector of the Federation and, the 2nd, 3rd and 4th Claimants by virtue of their membership of the 1st Claimant are entitled to the benefits of these judgments.

     

    Counsel submitted that the 1st Defendant is a parastatal of Government, the 2nd Defendant is the Board of Management of the 1st Defendant, while the 3rd and 4th Defendants are public servants in the employment of the 1stDefendant. He argued that judgments delivered in the above suit in contention are for the members of the Claimants employed in the 1st Defendant and it is therefore binding on the Defendants.

     

    N.L Omorodion counsel for the Defendants submitted that this Court lacks the jurisdiction to entertain the case of Claimants on the grounds that this court has no jurisdiction to interpret its own judgment, that the Defendants are not bound by the judgments not being parties to the cases.

     

    Counsel to the Claimants filed a reply on point of law on the 16th of May, 2018, wherein he submitted that this court has the power to entertain matters including the judgment of this court and empowered to do so under the 3rd Alteration Act of the 1999 Constitution urged the court to hold that it can entertain same and deliver judgment in favour of the claimants.

     

    After careful analysis of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice A. A. Adewemimo expressed thus;

     

    “The Claimants in this suit have only come to this court for the interpretation of the judgments in suit No.NICN/ABJ/128/2012 and suit No. NICN/ABJ/284/2014as it affects their legal rights. It is in the light of the above that I discountenance this argument of the defendants.

    “It is in the light of all that has been stated above that I find that the objection of the Defendants to the Originating summons of the Claimants is misconceived, unmeritorious and is hereby dismissed. I so hold.”

     

    “It is not in doubt that the 1st Defendant is a public health institution and as such cannot exempt itself from the rights granted to the Claimants in the present suit, in so far as the reliefs granted clearly covers the Claimants as medical Laboratory Scientists and the Defendants as a public health institution.

     

    The Court declared that the 2nd, 3rd and 4th claimants and indeed members of the 1st claimant in the employment of the 1st and 2nd defendants are affected, included and/or entitled to the benefits of the judgments of this Honourable court delivered on the 23rd day of October, 2013 in Suit No. NICN/ABJ/128/2012 and on the 27th day of January, 2016 in suit No. NICN/ABJ/284/2014 respectively. Ordered the 1st – 4th defendants to immediately recognize the existing Medical Laboratory Service Department and Federal Government Approved Scheme of Service and put same into full operation for all members of the 1st and 2nd claimants including the 3rd and 4th claimants in accordance with the extant Laws/Acts, Rules, Circulars and Scheme of service and for all administrative purposes at the University of Benin Teaching Hospital, Benin City, Edo State (1stDefendant).

     

    His Lordship also ordered the defendants jointly and severally to allow members of the 1st and 2nd claimants (including the 3rd and 4th claimants) to operate/work under a separate Department in the University of Benin Teaching Hospital headed by a Medical Laboratory Scientist including the different Unit of the Department in accordance with extant Laws/Acts, Circulars, Rules, Scheme of Services and the judgments of this Honourable Court.

     

    Lastly, the Defendants are to ensure that all administrative steps and requirements to ensure full implementation of this judgement are put in place.

     

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