The National Industrial Court of Nigeria has set aside and declared the dismissal of Mr Emmanuel Byis from the service of the Kaduna State Water Corporation (KSWC), as unlawful.
The court said that the dismissal was done in breach of the terms and conditions of Byis’ employment and the Kaduna State Public Service Rules.
Delivering judgment, Justice Sinmisola Adeniyi also held that contrary to the Kaduna State PSR 2005, the procedure for the dismissal of the claimant as a Deputy Plant Manager was violated.
Adeniyi therefore ordered the defendants: Kaduna state government, KSWC, and Kaduna Attorney- General to immediately pay Byis his salary and contributory pension from November 30, 2018 until November 3, 2021, the date of his retirement.
The court further ordered the payment of the claimant’s gratuity and pension from the date of his employment November 3, 1986 until November 3, 2021, the date of his retirement all within 30 days.
From facts, the claimant had submitted that being a permanent and pensionable staff on grade level 12, the disciplinary procedure was adopted by the defendants that resulted in his dismissal was done contrary to the PSR.
He further contended that the dismissal had caused him irreparable damages as all efforts to be reinstated had proved abortive.
In addition, he urged the court to grant the reliefs he sought.
In defence, the defendants argued that the claimant was lawfully dismissed as disciplinary procedure as stipulated in its PSR was complied with.
The defendants also submitted Byis was invited by the committee, given the opportunity to state his role in the incident that led to his dismissal and a report was submitted.
The defendants added that it was based on the findings of the committee, that recommendation was made and as such, the claimant cannot claim that his dismissal was unlawful.
In opposition, the counsel to the claimant, Mr J. K. Irikefe urged the court to hold that his client was denied the right to fair hearing by the failure of the defendants to comply with the PSR and to further hold that the entire disciplinary process resulting to the dismissal of the claimant was null, void and of no effect.
The court on its part after evaluation of the submission of both parties, held that the claimant cannot be validly removed from employment unless the provisions provided in the statute for removing him were strictly followed.
The court further ruled that it was apparent from the methodology and the findings of the Committee that the defendants did not issue the claimant with a query nor furnish him with documentary evidence for his defence.
Adeniyi also stated that the delegated disciplinary powers of the Civil Service Commission given to the Permanent Secretaries and Heads of Extra-Ministerial departments in respect of officers on salary grade level 01 to grade level 13 did not include the power of dismissal.
“It is clear by the evidence on record that the claimant was on grade level 12 before he was dismissed.
”Therefore, by virtue of Rule 04103, the second defendant acted ultra vires his powers by dismissing the claimant and the dismissal is thereby unlawful.” the judge ruled.
