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IN THE NATIONAL INDUSTRIAL COURT HOLDEN AT ABUJA BEFORE THEIR LORDSHIP: Hon. Justice B. A. Adejumo President Prof. B. B. Kanyip Judge Mrs. V. N. Okobi Judge Date: 17th July, 2006 Suit No. NIC/11M/2003 Between Association of Senior Civil Servants of Nigeria - Applicant 1. Federal Ministry of Agriculture 2. Attorney –General of the Federation - Respondents 3. Nigeria Civil Service Union Representation of Parties Johnson O. Esezoobo Esq appeared for the applicant while Mr. A.B. Lawal, Deputy General Secretary represented the applicant. Nelson Orji Esq appeared for the 1st respondent. A. U. Alilonu Esq appeared for the 2nd respondent. B. E. Mbagwu Esq. appeared for the 3rd respondent. This is a matter brought by way of Motion on notice under Section 287'(3) of the 1999 Constitution and Rule 25(3) of the National Industrial Court Rules for: 1. AN ORDER directing that the judgment of this Honorable Court delivered in 'Suit No. NIC/5/93 on 27th June 1995 on the jurisdictional scope of the parties thereto is applicable to and binding on (he respondents. 2. AN ORDER enforcing the judgment of this Honorable Court delivered in Suit No. NIC/5/93 on 271h June 1995 by directing the Respondents to give effect to the said judgment by paying forthwith to the applicant dues deducted from all eligible members of the Taraba State on grade levels 07 and above in accordance with the said judgment" and for such further or other order'(s) as the court may deem fit to make in the circumstances of the case. The said motion on notice dated 28th April, 2003 and filed on 12th May, 2003 was supported by a 19 - paragraphed affidavit sworn to by Benjamin Ogwuegbu with 2(two) exhibits marked A and B attached .. Another motion on notice dated 25th June, 2003 with an 18-paragraphed affidavit and 2(two) exhihits was filed on 21st October, 2003. Also filed on 19th of January, 2005 was another motion on notice dated 6th of September, 2004 with an 18-paragraphed affidavit and 2(two) exhibits attached. The 3rd respondent filed a counter-affidavit to the applicant's motion on notice dated 6th September, 2004 on 30'10 Julie, 2005 with 5 (five) exhibits marked exhibits RA, RAI, RA2, RA3, RA4 attached . When the mailer came up on 17th July 2006 Counsel to the applicant Johnson O. Esezoobo informed the Court of his intention to discontinue with the matter under Rule 21 of the National Industrial Court Rules. Counsel to the 3rd respondent B.E. Mbagwu did not object to the application for discontinuance. RULING Under Rule 21 of the National Industrial court Rules, a party seeking to discontinue his matter shall do so in writing and put the other on notice of his discontinuance. In this case, the application has not filed his discontinuance, neither has he put the respondent on notice. However, Rule 4 of the Rules of this Court gives the court the discretion to allow a departure from any of the Rules. Since Mr. Mbagwu, Counsel to the 3rd respondents is not opposing the application for discontinuance, in order to give room for quick dispensation of justice, the Court shall invoke its direction under Rule 4 of the Rules of this Court. In consequence, the applicant is hereby allowed to discontinue with this matter. The effect, therefore, is that the case is hereby struck out without cost. Hon. Justice B. A. Adejumo President Prof. B. B. Kanyip Mrs. V. N. Okobi Judge Judge