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From Godwin Tsa, Abuja
The Abuja division of the Court of Appeal has upturned the June 13, 2023, judgment of the National Industrial Court which had dismissed the claims by 20 aggrieved staff of the National Pension Commission (Pencom) over denial of salaries and unlawful labour practices.
Consequently, the appellate court awarded N10 million in costs against the National Pension Commission (PenCom) for what it described as “unnecessary and unwarranted rigours of litigation” endured by the appellants since filing the suit in 2022.
In a unanimous decision delivered in appeal marked, CA/ABJ/CV/830/2024, a three-member panel led by Justice Bilkisu Bello Aliyu held that the appeal by the workers was meritorious and ought to be allowed.
Other members of the panel who agreed with the judgment are Justices Donatus Okorowa and Oyejoju Oyewumi.
In the judgment delivered by Justice Oyewumi, the appellate court nullified the June 13, 2023 judgment of the lower court which had dismissed the claims of the workers in their entirety.
A three-man panel of justices in their decision agreed, held that the recruitment process, comprising advertisement, interviews, and issuance of employment letters duly accepted by the appellants, constituted a valid and binding contract.
Consequently, the appellate court emphasised that admitted facts require no further proof and ruled that a contractual relationship had been established, thereby imposing legal obligations on the respondents.
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The appeal court said that the workers’ prolonged ordeal was unjustifiable, and subsequently held: “The appeal succeeds,” and proceeded to set aside the lower court’s decision.
The aggrieved workers of the National Pension Commission (PenCOM) had dragged the Commission and its chairman before the National Industrial Court (NIC) in Abuja over alleged denial of salaries and unlawful labour practices.
The workers who filed the suit on behalf of themselves and others employed by the Commission in March 2017 are challenging the commission and its chairman before the court on the grounds of unlawful restraint from performing their statutory functions after engagement and refusal to be paid salaries and other entitlements.
The claimants, who were said to have been employed since March 2017, resumed duties at the commission but were later staved off from performing their statutory duty after the resumption.
In their originating summons, they are seeking the Court order directing the Commission to pay them forthwith their salaries, arrears, and allowances from the date of their employment till when the judgment of the Court is complied with by the Commission and the same to be calculated using the Commission’s Salary Structure for its employees.
In the suit marked, NIC/ABJ/188/2022, Counsel to the claimants, Samuel Ogala, of Falana & Falana’s Chambers, the claimants also sought a declaration that” having regard to the provisions of Section 28 and 29 of the Pension Reform Act 2014, Regulations 040102 and 130105 of the Public Service Rules, the failure of the Commission to pay them their salaries, arrears, allowances and promotion from the date of their employment till date is an unfair labour practice, discriminatory, ultra vires and in violation of the provisions of the PENCOM Act and the Public Service Rules.
They also seek a mandatory order “directing the Commission to pay them forthwith their salaries, arrears, allowances from the date of their employment till when the judgment of the Court is complied with by the Commission and the same should be calculated using the Commission’s Salary Structure for its employees.
