Industrial Court orders Local Government to restore Engr. Alponsus Sambe, 208 others into payroll with payment of Salaries from 2018
Hon. Justice Salisu Danjidda of the Lagos Judicial Division of the National Industrial Court has ordered the Kwande Local Government to immediately restore the names of Engr. Alponsus Sambe and 208 others who presented their employment letters before the Court on the payroll, with payment of their 11 months’ salary arrears and all their withheld salaries and emoluments from February 2018 till date.
Justice Danjidda also granted an order of perpetual injunction restraining the Kwande Local Government and Benue State Local Govt. Service Commission, by themselves or through their agents or privies from tampering with the employment of Engr. Alponsus Sambe and 208 others who have their employment letters, confirmation letters and verification printouts before the Court except in accordance with due process.
The Court ruled that it is the right of Engr. Alponsus Sambe and 208 others to be paid their salaries monthly for the period of work done and such right cannot just be taken away for no just cause or for a supposed lapse on the part of their employers.
From facts, the claimants- Engr. Alponsus Sambe and 6 others, representing themselves and on behalf of 295 Permanent and pensionable employees of Kwande Local Government Council whose names were removed from the payroll had submitted that they were screened and verified with other local government staff before being captured in the database for electronic payment of salaries and each staff was issued with a printout showing status as a confirmed staff in 2014
They averred that were paid salaries and emoluments until February 2018 when their names were removed from the payroll without suspension or termination of their appointment, and all efforts to have their names restored were to no avail.
In defense, the 2nd Defendant- Benue State Local Govt Service Commission urged the court to dismiss the claim against it on the ground that the letters of Engr. Alponsus Sambe and others’ employment, their confirmation and screening for verification did not emanate from its office and it does not pay salaries but it only approves normalization and promotion of staff to grade level 8 as its statutory responsibility over the Kwande Local Government.
Counsel to the Benue State Local Govt Service Commission argued that by the Local Governments Law of Benue State of Nigeria 1990, the Benue State Local Govt Service Commission may delegate powers to the Local Government to employ, dismiss and exercise disciplinary control over grade levels 01- 06, but such delegation was never given to the Kwande Local Government.
Despite service of court processes and hearing notice, the 1st defendant- Kwande Local Government never appeared nor filed any defence to the suit all through the trial.
In opposition, Counsel to the claimants, O. N. Nor Esq submitted that the employment of Engr. Alponsus Sambe and others’ is laced with three statutes and the procedure adopted by the Bennue State Local Govt Service Commission and Kwande Local Government to abdicate the employment of the his clients is unknown to the Benue State Public Service Rules and the court was urged to quash same in the interest of justice.
Delivering the judgment after careful evaluation of the submissions of both parties, the presiding Judge, Justice Salisu Danjidda held that where evidence is given by a party and is not contradicted by the other party who has the opportunity to do so, and such evidence is not inherently incredible and does not offend any rational conclusion or state of physical things, the court should accord credibility to such evidence.
Justice Danjidda held that there is no resignation from the part of the Engr. Alponsus Sambe and 206 others in the instant case to make the court find that the removal of their names from the payroll amounted to a constructive termination.
The Court reiterated that the Defendants’ attitude of confirmation of the appointment, promoting the claimants, normalization of some appointments and payment of salaries for over eight years would definitely put the Claimants in a position to believe that they were duly employed by the Defendants.
“However, from the state of pleadings in this case, the testimonies of witnesses and the avalanche of documents presented, it is clear that the evidence of the Claimants, as regards their employment, remains unchallenged and undisturbed.” The Court ruled.
