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MANAGEMENT OF UNION BANK AND NATIONAL UNION OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS EMPLOYEES (NATIONAL INDUSTRIAL COURT) H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT DR O.I. ODUMOSU MEMBER S.O. KOKU,ESQ. MEMBER DR. E. C. IWUJI MEMBER ALHAJI Z.M. BELLO MEMBER SUIT NO: NIC/7/82 DATE OF JUDGEMENT TUESDAY, 14th DECEMBER, 1982. LABOURLAW National Industrial Court - Proceedings therein-Power of to debar a party therefrom - When invoked -Rule 22(2), National Industrial Court Rules, 1979. ISSUE: What should the National Industrial Court do where there is contempt of its order? FACTS: On 7th December, 1982, after hearing an urgent application on the matter before it, the National Industrial Court made an order directing the Respondent union to resume work immediately until all steps laid down by law for the resolution of trade disputes had been complied with. The order was duly served on all the parties. Thereafter, the court adjourned the matter to 14th December, 1982 for hearing. On 14 December, 1982 when the matter came up, it was found out that notwithstanding the court's order of 7th December, 1982, the Respondent branch continued the strike up to that day. The Counsel for the Appellant informed the court of the above development and urged the court to debar the Respondent from arguing before the court until they had complied with the court's order. Replying, Counsel for the Respondent said that due to the inherent nature of trade unions it would be difficult for the union leaders to comply with the order of the court. He therefore urged the court to temper justice with mercy. He urged the court to let the appeal continue. HELD: (Granting the Appellant s application): On Power of National Industrial Court to debar a party from taking part in proceedings of contempt of its order - Under Rule 22(2) of the National Industrial Court Rules, 1979, the court can debar a party before it from taking any part in the proceedings before the court where such a party is guilty of contempt of the order of the court. HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT DR O.I. ODUMOSU - MEMBER S.O. KOKU,ESQ. - MEMBER DR. E.C. IWUJI - MEMBER ALHAJI Z.M. BELLO - MEMBER