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MR.ADEAGBOAKINKUNMI TAIWO AND NATIONAL UNION OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS EMPLOYEES (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A ATILADE - PRESIDENT B.N OBUA, ESQ. - MEMBER E.O. OLOWU, ESQ. - MEMBER SUIT NO: NIC/5M/94 DATE OF RULING - TUESDAY 17TH OCTOBER, 1995 LABOUR LAW - Trade union - Intra-union disputes – Jurisdiction National Industrial Court to entertain -Conditions precedent Thereto - Duty on plaintiff to fulfill. LABOUR LAW Salaries and allowances - Claim for - Right of employee to enforce in civil courts - Jurisdiction of National Industrial Court to entertain - Conditions precedent thereto - Duty on plaintiff to fulfill. NATIONAL INDUSTRIAL COURT Jurisdiction of - Intra-union disputes - Jurisdiction of National Industrial Court to entertain - Conditions precedent thereto - Duty on plaintiff to fulfill. TRADE UNION LAW Intra-union disputes - Jurisdiction of National Industrial Court to entertain - Conditions precedent thereto - Duty on plaintiff to fulfill. ISSUE: Whether the suit is not liable to be struck out for lack of jurisdiction by the National Industrial Court. FACTS: The Plaintiff filed an application before the National Industrial Court seeking, in the main, a declaration and an order to enforce arrears of salaries and allowances. The Defendants, through their counsel, raised a preliminary objection to the application on the grounds that the Plaintiffs suit as constituted did not qualified as a trade dispute, that the Plaintiff did not comply with the procedural requirements before commencing the suit, and that the court consequently lacked jurisdiction to entertain same. HELD: (Upholding the preliminary objection and striking out the suit): 1. On Jurisdiction of National Industrial Court to entertain intra-union disputes and conditions precedent thereto - The National Industrial Court ordinarily has jurisdiction to entertain intra-union disputes per se if properly brought before it. However, in this case, this suit cannot rightly come before the court by way of section 2 of the Trade Disputes (Amendment) Decree No.47 of 1992. Thus, the Plaintiff could proceed to the Industrial Arbitration Panel after complying with the procedure specified under the Trade Disputes Act, to enforce his right. 2. On Right of an employee to enforce his outstanding salaries and allowances in civil courts - A party, who is claiming outstanding salaries and allowances, can, if he so desires, proceed to the civil courts regarding his outstanding salaries and allowances.