LawCare Nigeria

Nigeria Legal Information & Law Reports

National Industrial Court

AMINU A. IMAM & 118 OTHERS -vs- I.R.S. RICE MILL COMPANY LIMITED

admin 0

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE KANO JUDICIAL DIVISION

HOLDEN AT KANO

BEFORE HIS LORDSHIP: HON. JUSTICE E.D.E ISELE – PRESIDING JUDGE                                         

DATE: 12THAPRIL, 2018                            

 

SUIT NO: NICN/KN/25/2016

BETWEEN:                                                                                    

AMINU A. IMAM & 118 OTHERS……………………………………………………..CLAIMANTS

AND

I.R.S. RICE MILL COMPANY LIMITED………………………………………………RESPONDENT

REPRESENTATIONS:

S.S. Umar, Esq. for the claimant,

Dare M. Araoye, Esq. for the Respondent.

CONSENT JUDGEMENT

This suit was filed in this Honourable Court by a Complaint dated 23rd May, 2016 and filed on the same date where the claimants claim is for:

  1. AN DECLARATION of this Honourable Court that the Claimants are and remain the employees of the respondent from their respective date of employment up to the date of instituting this action and after, until their contract of employment is formally terminated by the Respondent.
  2. AN DECLARATION of this Honourable Court that the Claimants are entitled to be paid their (4) months half salary (50%) deducted by the Respondent from each salary of the Claimants for the months of April, May, June and July, 2013.
  3. AN DECLARATION of this Honourable Court that the Claimants are jointly and severally entitled to their respective outstanding salaries for 33 months (August 2013 to April 2016) and all others subsequently added plus leave allowance for four (4)years from April 2013 up to the date of instituting this action and after until their contract of employment is formally terminated by the Respondent.
  4. AN ORDER of this Honourable Court compelling the Respondent to pay the sum of N8,820,000:00k (Eight Million Eight Hundred and Twenty Thousand Naira) to the Claimants being the remaining balance owed the Claimants by the Respondent for the 50% deduction from the Claimants salary for four months with interest thereon at the rate of 21% per cent per month from April, 2013 up to judgment and thereafter at the rate of 21% per annum until fully paid.
  5. AN ORDER of this Honourable Court compelling the Respondent to pay all Claimants 33 months outstanding salary (from August 2013 to March 2016 in the sum of N115,552,000:00) (One Hundred and Fifteen Million Five Hundred and Fifty Two Thousand Naira) plus the salary of all other subsequent months to be accrued later and all outstanding Claimants Annual Leave Allowance  for four (4) years (from 2013 to 2016) in the sum of N10,471,680:00 (Ten Million Four Hundred and Seventy One Thousand Six Hundred and Eighty Naira) all with interest thereon at the rate 21% per cent per annum from August, 2013 up to judgment and thereafter at the rate of 21% per annum until fully paid.

OR IN THE ALTERNATIVE TO PRAYER NO. 3 AND 5

  1. A DECLARATION of this Honourable Court that the act of sending away 103 staff at a time by the Respondents, constitutes Redundancy to the Claimants and are jointly and severally entitled to the redundancy terminal benefits as per their respective years of service under the employment of the Respondent.
  2. AN ORDER of this Honourable Court compelling the Respondent to pay the Claimants Redundancy Terminal Benefits in the Sum of N104,574,952:00 (One Hundred Million and Four Thousand Five Hundred and Seventy Four Thousand Nine Hundred and Fifty Two Naira) with interest thereon at the rate of 21% per cent per annum from August, 2013 up to judgment and thereafter at the rate of 21% per cent per annum until fully paid.
  3. AN ORDER of this Honourable Court awarding the sum of N50,000,000:00 (Fifty Million Naira) as cost of this action and general damages for the willful refusal to pay the entitlements of the claimants which caused the claimants serious financial loss and psychological trauma.
  4. AN ANY FURTHER ORDER (s) as this court may deem fit to make in the circumstances of case.

The parties to this suit filed their terms of settlement on the 22nd day of February, 2018 and agreeing as follows:

  1. That the defendant shall pay the claimants, through their solicitors, Messrs. SALISU SALISU UMAR, ESQ. the sum of Six Million Six Hundred and Fifteen Thousand Naira (N6,615,000.00)in full and final settlement of the claim in the suit.
  2. That by this agreement the employment of the claimants with the Defendant are deemed terminated and there shall be no further claims between the parties in respect of any issues directly related or connected to the employment or any previous relationship between the parties in dispute.
  3. The payment of the above sum shall be by the three various First Bank of Nigeria PlcCheques bearing various dates and Cheque Numbers i.e Cheque No. 34140636, 28/2/2018 for N2,000,000:00 (Two Million Naira Only) Cheque No. 34140637 31/3/2018 for N2,000,000:00 (Two Million Naira Only)and Cheque No. 34140638 for N2,615,000:00 (Two Million Six Hundred and Fifteen Thousand Naira Only) issued based along with this agreement giving total agreed above mentioned amount in settlement of this suit.
  4. This terms shall remain binding on the parties, become CONSENT JUDGMENT in this suit before this Honourable Court and discharge the Defendant of all claims (ancillary or incidental thereto) made in this suit.
  5. Both parties shall bear their cost.

Court:

The terms of settlement filed on the 12th day of April, 2018 between the parties and their solicitors and signed by them on 22nd day of February, 2018 is hereby entered as Consent Judgment of the Court in the terms listed (a) to (e) in the said terms of settlement.

 

……………………………………..

Hon. Justice E.D.E Isele

Presiding Judge

admin

Website:

Related Story