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HOTELAND PERSONAL SERVICES SENIOR STAFF ASSOCIATION AND 1. CAPITAL HOTELS PLC. 2. BABAADI 3. MORRISION GRANT (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A.ATILADE - PRESIDENT M.A. BORISADE, ESQ. - MEMBER B.N. OBUA, ESQ. - MEMBER SUIT NO: NIC/2M/95 DATE OF RULING - 12TH OCTOBER, 1995 LABOUR LAW - Collective agreements - Interpretation of- Jurisdiction of National Industrial Court thereon. LABOUR LAW - National Industrial Court - Jurisdiction of- Scope of - Status of as a superior court of record - Power of to make declaratory judgments and correct actions and proceedings of inferior tribunals and bodies. LABOUR LAW - Trade union - Membership of - Issue of -Nature of - Competence of trade union to represent past, present and future members. NATIONAL INDUSTRIAL COURT - Collective agreements - Interpretation of -Jurisdiction of National Industrial Court thereon. NATIONAL INDUSTRL4L COURT - Jurisdiction of National Industrial Court- Scope of - Status of as a superior court of record - Power of to make declaratory judgments and correct actions and proceedings of inferior tribunals and bodies. TRADE UNION LAW - Trade union - Membership of- Issue of - Nature of- Competence of trade union to represent past, present and future members. ISSUE: Whether the National Industrial Court is competent to hear and determine the Applicant/Respondent’s application dated 6th March, 1995. FACTS: The Applicant/Respondent filed an application at the National Industrial Court seeking a declaration challenging the termination of fifty-five members of staff, an order of reinstatement and damages against the Respondent/Applicant. The grounds for the application were inter alia that the Collective Agreement did not support the termination, and that it violated the pr visions of the Constitution. The Respondent/Applicant raised a preliminary objection to the hearing of the application on the grounds that it was premature and incompetent, that the court lacked jurisdiction to entertain same for non-compliance with mandatory conditions precedent for assumption of jurisdiction by the court, and that the Applicant/Respondent lacked locus standi to institute the suit. The National Industrial Court heard arguments from counsel to both sides. HELD: (Dismissing the Respondent preliminary objection): 1. On Status of National industrial Court and scope of its jurisdiction - Under section 5(a) of the Trade Disputes (Amendment) Act, the National Industrial Court is a superior court of record, which has jurisdiction, among other things, to make declaratory judgments and to correct the actions and proceedings of inferior tribunals and other officials. 2. On Jurisdiction of National Industrial Court to interpret collective agreements - Under section 15(1) of the Trade Disputes Act, Cap 432, Laws of the Federation of Nigeria, 1990, the National Industrial Court has the jurisdiction to interpret collective agreements. 3. On Competence of a trade union to represent its past, present and future members - The issue of membership of a trade union is a question of fact and a trade union can take up the cases of its members past, present or future. It is sound law that once a trade union has taken up the redundancy issue on behalf of its members, the fact that the affected trade union member is no longer in employment will not disqualify the trade union from representing the affected trade union member.