KOREDE ADE WALE & SONS AND 1. NATIONAL UNION OF TEXTILE GARMENT AND TAILORING WORKERS 2. ADAMS OSHIOMHOLE (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A.ATILADE - PRESIDENT CHIEF M. A. BORISADE - MEMBER E.O.OLOWU,ESQ. - MEMBER SUIT NO: NIC/3M/94 DATE OF RULING - 14TH JUNE, 1994 LABOUR LAW - Injunctions - Need to rest on a pending case- Motion for injunction in the absence of a pending case - Competence of. LABOUR LAW - National Industrial Court -Jurisdiction of - Sources of - Trade Disputes Act, 1976 (as amended) by Trade Disputes (Amendment) Decree No.47, 1992. LABOUR LAW - Trade dispute - Intra-union and inter-union disputes - Appellate jurisdiction of National Industrial Court thereon - Scope of- Section 24, Trade Disputes Act. NATIONAL INDUSTRIAL COURT - Jurisdiction of- Intra- union and inter- union disputes - Appellate jurisdiction of National Industrial Court thereon - Scope of- Section 24, Trade Disputes Act. NATIONAL INDUSTRIAL COURT - Jurisdiction of National Industrial Court. Sources of - Trade Disputes Act, 1976 (as amended) by Trade Disputes (Amendment) Decree No.47, 1992. TRADE UNION LAW - Intra-union and inter-union disputes - Appellate jurisdiction of National Industrial Court thereon Scope of - Section 24. Trade Disputes Act. ISSUE: Whether the National Industrial Court has the power to grant an injunction when there is no case pending before it. FACTS: The Applicant filed a motion for interlocutory injunction before the National Industrial Court against the Respondents dated 9th February, 1994. The Respondents. in their response, raised some grounds of objection in a Notice of Preliminary Objection dated 5th April, 1994. The Respondents’ contention was that the Applicant’s motion on notice for injunction rested on nothing and as such the action before the court could not be entertained at that stage. HELD: (Dismissing the application): I. On Need for an injunction to rest on a pending case - An injunction must rest on a pending case. A motion for an injunction is not competent if there is no pending action. In this case, there was no case before the National Industrial Court. There was only a motion asking for injunction. 2. On Laws conferring jurisdiction on National Industrial court- The jurisdiction of the National Industrial Court can be found within the four corners of the laws, which confer jurisdiction. The relevant laws are the Trade Disputes Act, Cap. 432 of 1990 and Trade Disputes (Amendment) Decree No.47 of 1992. The procedural steps in the two enactments must be complied with as the two Acts must be read together. 3. On Appellate jurisdiction of the National Industrial Court in intra-union disputes - By virtue of section 24 of the Trade Disputes Act, Cap. 432 of 1990, a right of appeal shall lie to the National Industrial Court from the awards of the Industrial Arbitration Panel, which shall be exercisable in the case of intra-union disputes arising from the organization and running of a trade union as laid down in the union constitution; or inter-union trade disputes arising from the restructuring of trade unions established under the Trade Unions Act. It is clear from the provisions of the laws that the National Industrial Court acts as an appellate court in the particular intra-union dispute that is brought before it.