Court docket nullifies obligatory retirement of Director Rivers Council for Arts and Tradition, awards damages
The Presiding Decide, Portharcourt Judicial division of the Nationwide Industrial Court docket, His Lordship, Hon. Justice Faustina Kola-Olalere has nullified the obligatory retirement of the Appearing Government Director of the Rivers State Council for Arts and Tradition Mr. Deede Baede from the State Civil Service on December 28, 2017 as opposite to the Obligatory Retirement Age acknowledged within the Public Service Guidelines; additionally declared the altered of Deedee’s date of start with none purpose as unlawful and wrongful.
The court docket ordered Rivers State Civil Service Fee, Rivers state Head of Service, and the Hon. Commissioner, Rivers State Ministry of Tradition & Tourism to pay Mr. Deedee salaries and allowances from January 2018 to December 28, 2018, on Grade degree 16 when his unique retirement took impact, with the sum of 5 Hundred Thousand Naira as value of motion and Three Million as damages inside 30 days.
From details, the claimant- Mr. Deedee Baede had submitted that he was employed in 1987 that his employment was abruptly terminated in 2017 on the allegation that he has reached the statutory age of 60 years retirement.
He additional averred that in an try and right the inadvertent computation of his pure and statutory date of start by the fee, the fee wrongly ascribed his date of start as December 28, 1957, as a substitute of December 28, 1958 contained in his file that his retirement from service was carried out opposite to the obligatory retirement age stipulated within the Public Service Guidelines, urged the court docket to carry within the curiosity of Justice.
Nonetheless, regardless of a number of adjournments, the counsel from Rivers State Ministry of Justice appeared for the defendants 4 occasions within the case, neither of them enter an look, file any defence course of nor cross-examine the claimant.
Delivering the Judgment, the Presiding Decide, Justice Kola-Olalere held that the authorized date of start of the claimant is December 28, 1958, as supported by the content material of his Declaration of Age.
“Because the defendants didn’t defend this case regardless of the ample alternative the Court docket gave them to take action; it signifies that there isn’t a contradiction to the proof of the claimant earlier than the court docket and that the defendants are able to abide by the choice of the Court docket on this case.
“Consequently, I maintain that it’s illegal, wrongful, unlawful, extremely vires, null and void of the defendants to retire the claimant compulsorily with impact from December 28, 2017, from Rivers State Civil Service as that motion of the claimant’s employer was opposite to the Obligatory Retirement Age acknowledged in Rule 020810 (1) of the Public Service Guidelines, 2008.
“The claimant’s employment that was compulsorily decided by way of Exhibit C.6 is accordingly put aside by this Court docket. Once more I maintain that the Obligatory retirement of the claimant took impact from December 28, 2018.
“Within the circumstances, I discover that within the eye of an inexpensive man, the claimant’s status has been marred with none justification. Consequently, I maintain that the claimant is entitled to be paid basic damages by the defendants. I hereby order that the defendants are to pay the claimant the sum of N3,000,000.00 (Three Million Naira) solely as basic damages on this rating.”
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