Minimum Wage Crisis: ENSG Sues Labour

NLC President, Comrade Abdulwahed Omar

The Enugu State government has dragged labour bodies before the National Industrial Court sitting in Abuja seeking among other things, a declaration that the current industrial action embarked by workers in the state at the instance of Congress is unlawful.

The government in the suit dated 12th September, 2011 in which the NLC and six others including the Chairman and Secretaries of the state chapter of the body and the Trade Union Congress(TUC) are mentioned as defendants, is also asking the Court to declare that the National Minimum Wage (Amendment) Act 2011 merely required an employer to pay every worker a wage that is not less than N18,000 per month and did not apply, to the determination of wages payable generally to other workers or employees in such organization.

The suit furthers seeks a declaration that the 2nd to 7th defendants (all labour leaders in Enugu) cannot unlawfully take part in any strike or engaging in any conduct in contemplation or furtherance of any strike unless and until after they have fulfilled all conditions prescribed by law for calling such actions.

Consequent on the above, it is seeking an order of perpetual injunction restraining the defendants and they represent, jointly or severally, from embarking on, or continuing in furtherance of, any strike/industrial in violation of the provisions of section 31 (6) (a) of the Trade (Amendment) Act or an order of perpetual injunction restraining from embarking on such action until they have fulfilled all conditions prescribed by the relevant laws.

Meanwhile the Court Wednesday granted an application by the government seeking leave to serve the defendants the originating processes including the Motion on Notice for Interlocutory Injunction by publishing in a named National Daily.

The Court presided over by Hon, Justice M.N Esowe also granted the claimant’s application to abridge the period within which the
Respondents are given to respond from 7 to 3 days. The matter has been adjourned to the 21st of September, 2011 for hearing of  the motion on notice.