Media
- Home
- Details
Akure – His Lordship, Hon. Justice Adunola Adewemimo of the National Industrial Court of Nigeria, sitting in Akure has declared that Mr. Legemah Osarentin and four former staff of Edo Transport Service Ltd are not entitled to be reinstated, ordered payment of their salary arrears for the period of June 2010- November 2010, and the sum of N250,000 cost of action within 30 days.
The claimants claimed jointly and severally against the Defendants among others; A declaration that the claimants are still in the employment of the 1st Defendant and entitled to their annual salary and other benefits, An Order that the claimants are entitled to their six months’ arrears of Salaries from June 2010 - November 2010.
Likewise, An Order that the claimants are entitled to their salaries from December 2010 till when Judgment is delivered in this Suit and General Damages in the sum of N50, 000,000.00 (Fifty Million Naira only).
The claimants averred that they were employed by Edo Transport Service Limited (1st defendant) and sometimes in November 2010, the company was closed down by the State Government, thereby rendering the workers redundant and were being owed six months’ salary.
Claimants averred that the company was later reopened in 2014 under the management of a sole administrator and some of them were reinstated, but their own names were omitted/excluded from the pay list.
They claimed that failure to address their grievances violates their fundamental rights to dignity of their persons guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
They claimed that failure to address their grievances violates their fundamental rights to dignity of their persons guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
However, the defendants averred that the Government constituted a Committee to screen all the workers and call back all those who are found eligible and those who resumed work were placed on the State Government Pay Roll.
The defendants averred further that the claimants were the ones who informed the committee of their unwillingness to continue working for the 1st Defendant and that all the claimants except the 2nd claimant fell within the category of voluntary retirement while the 2nd claimant fell within those found ineligible by reason of age.
The defendant asked for determination whether the action is competent having been commenced by the Claimants in a representative capacity that once parties to an action have different interests in a matter, they cannot sue in a representative capacity and therefore the Court lack the jurisdiction to entertain the matter for being incompetent.
In his argument, counsel to the claimants stated that a party or parties may sue in a representative capacity and what is paramount to the court in this circumstance is whether or not all the parties have similar or common interest in that they are all seeking common reliefs.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides, the Court presided by Hon. Justice Adunola Adewemimo held the competency of the suit and assumed jurisdiction.
“It is in evidence that the Defendants for all the years the 1st Defendant was closed down never gave the impression that they are not responsible for the staff of the 1st Defendant.
“it is therefore too late in the day for the Defendants to deny liability, the claimants’ having been under the impression that the issue of their employment will be resolved, thus lulling them to a false sense of security.
“I find therefore from the evidence in this case, that the 1st-5th claimants are entitled to their salaries for the period of June 2010-November 2010 as verified by the Defendants, save for those that have been reinstated by the defendants. I so hold.
The court ordered defendants to pay claimants arrears of salary for the period of June 2010- November 2010, and the sum of N250,000 as cost of action within 30 days.
The court also stated that the claimant cannot claim salaries for work not done therefore dismissed other reliefs sought for lacking merit.
