Industrial Court Orders Firm to Pay Retirees N34m Retirement Benefits, 91 Months Contributory Pension
Hon. Justice Hassan Yakubu of the Ibadan Judicial Division of the National Industrial Court has ordered Prestrest Ltd and 4 others to pay Mr Aboluwarin Olusegun and 34 other retired staff the sum of N25,239,744.45 (Twenty-five Million, Two Hundred and Thirty-Nine Thousand, Seven Hundred and Forty Four Naira, Forty Five Kobo) outstanding balance of their retirement benefits, and the sum of N9,000,000.00 (Nine Million Naira Only) contributory pensions deducted from their salaries for 7 years and 7 months, from 2003 to 2010.
The Court ruled that by virtue of the written agreement dated 17th day of July 2012 duly signed by Prestrest Ltd and 4 others, the company cannot still refuse to pay the balance of Mr Aboluwarin Olusegun and 34 others’ terminal benefits.
From facts, the claimant- Mr Aboluwarin Olusegun and 2 others suing for themselves and on behalf of 32 other retired staff of Prestrest Ltd had submitted that they were retired staff whom have been properly disengaged by the firm sometime in the year 2011 but were not fully paid their terminal benefits.
They further averred that due to non-payment of their terminal benefit, an agreement was reached at the instance of the Federal Ministry of Labour and Productivity through Ogun State Controller in 2012. The aggregate sum owed them was calculated by the firm to be the sum of N31,991,386.11 (Thirty- One Million, Nine Hundred and Ninety-One Thousand, Three Hundred and Eighty-Six naira, Eleven Kobo) and the sum of N6,751,641,66 (Six Million, Seven Hundred and Fifty one Thousand, Six Hundred and Forty one Naira, Sixty Six Kobo) was paid in the first instalment and all efforts to get their balance were to no avail.
Mr Aboluwarin Olusegun and 34 others stated that Prestrest Ltd and 4 others failed to remit the contributory pension deducted from their salaries for 7 years and 7 months, from 2003 to 2010, totalling the sum of N9,000,000.00 (Nine Million Naira Only), and urged the Court to grant the reliefs sought.
However, the defendants- Prestrest Ltd and 4 others failed to defend the suit as they neither appeared nor filed any defence.
In a well-considered judgment, the presiding Judge, Justice Hassan Yakubu stated that the failure of the defendant to defend the case does not absolve Mr. Aboluwarin Olusegun and 34 others from proving their case to the satisfaction of the Court.
Justice Yakubu held that Mr Aboluwarin Olusegun and 34 others have made out a case for the grant of the reliefs sought and that Prestrest Ltd and 4 others are bound by the content of the agreement freely entered into in accordance with the rule of law.
The Court further stated that Prestrest Ltd and 4 others are mandated by the Pension Reform Act to remit the contributory pensions deducted for 7 years and 7 months from 2003 to 2010, from the salaries of Mr Aboluwarin Olusegun and 34 others, totalling the sum of N9,000.000.00 (Nine Million Naira Only) to the Claimants Retirement saving Account (RSA).
