FEDERAL MINISTRY OF HEALTH AND NATIONAL ASSOCIATION OF NIGERIAN NURSES AND MID WIVES (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT M.A. BORISADE, ESQ. - MEMBER B.N. OBUA, ESQ. - MEMBER SUIT NO: - NIC/9/88 DATE OF JUDGMENT - TUESDAY, 6TH MARCH, 1990. LABOUR LAW - Dispute between employer and workers – When can be said to exist LABOUR LAW - National Industrial Court - Power of to take judicial notice of legislation and governmental act. ISSUES: 1. Whether it is correct that there is no dispute between the parties. 2. What is the correct interpretation of certain items of the Industrial Arbitration Panel award in dispute between the parties? FACTS: The Applicant applied to the National Industrial Court by means of originating summons for the interpretation of an Award made by the Industrial Arbitration Panel (IAP) in a dispute between both parties. There was a difference of opinion by both parties on the implementation of certain items of the Award. While the Applicant maintained that it had implemented the Award, the Respondent disagreed. The Respondent gave the Applicant an ultimatum within which to implement the Award, otherwise it would call out all its members on a national strike It was as a result of the threatened strike action that the Applicant made the instant application to the National Industrial Court. HELD: (Granting the application): 1. On What constitute dispute between employer and workers - A dispute is said to exist Where there is a difference of opinion between both sides, that is employer and workers, as to how an award by the Industrial Arbitration Panel should be implemented, then there exists a dispute. 2. On Power of National Industrial Court to take judicial notice of legislation and governmental act - The National Industrial Court can take judicial notice of an Act of the National Assembly, and of restructuring of the civil service.