Download PDF
DR. OLUWADUROTIMI OJO AND 12 OTHERS AND OTUNBA.O. ODUJOBI AND 17 OTHERS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT CHIEFM.A. BORISADE MEMBER AMBASSODOR M.S. SALEH MEMBER SUIT NO: NIC/6/96 DATE OF RULING MAY 23, 1997 LABOUR LAW Trade dispute - Trade dispute as defined in both section 47, Trade Disputes Act, and section 52, Trade Union Act – Distinction between. LABOUR LAW Trade union - Dispute between two factions of a trade union - Jurisdiction of National Industrial Court to hear suit and other applications pertaining thereto. LABOUR LAW Trade union - Intra or inter-union disputes - Exclusive jurisdiction of National Industrial Court to hear same - Source of - Whether there is a condition precedent thereto. TRADE UNION LAW Intra or inter-union disputes - Exclusive jurisdiction of National Industrial Court to hear same - Source of - Whether there is a condition precedent to invocation of court’s jurisdiction. TRADE UNION LAW Trade union - Dispute between two factions of a trade union - Jurisdiction of National Industrial Court to hear suit and other applications pertaining thereto. ISSUES: 1. Whether there is a condition precedent to invoking the jurisdiction of the National Industrial Court to hear intra or inter-union disputes under the Trade Disputes Act. 2. Whether the parties to the suit as disclosed in the originating process are neither workers nor members of a trade union. 3. Whether the claims of the Plaintiffs are not a trade dispute or a trade union dispute 4. Whether the court lacks jurisdiction to entertain the suit having regards to the Trade Disputes Act. 5. Whether the court has jurisdiction to hear a suit between two factions of a registered trade union. FACTS The Plaintiffs/Respondents instituted an action in the National Industrial Court against the Defendants/Applicants by way of civil summons. The Plaintiffs asked for the interpretation of an agreement, and sought a number of declaratory and injunctive orders against the Defendants. The Defendants filed a preliminary objection to the competence of the suit and the interlocutory applications filed pursuant to the suit. The court, heard arguments of both counsel for the parties, and examined the documents placed before it in determining the preliminary objection. HELD (Dismissing the preliminary objection): 1. On Exclusive jurisdiction of National Industrial Court to hear intra or inter- union disputes and whether there is a condition precedent to invocation thereof - The National Industrial Court derives its exclusive jurisdiction to hear intra and inter-union disputes under the Trade Disputes (Amendment) Decree 47 of 1992. No condition precedent is prescribed in the law before the court can invoke its jurisdiction. The procedure stated in Part 1 of the Trade Disputes Act is only applicable to the settlement of trade dispute as defined in section 47 of the Act, and not to intra-union disputes arising from the running of a trade union as laid down in the union constitution. There is no corresponding provision for the settlement of intra-union dispute in the Trade Unions Act. Thus, there is a distinction between a trade dispute per se as defined in both the Trade Disputes Act, section 47, and the Trade Unions Act, section 52. 2. On Jurisdiction of National lndustrial Court to hear suit between two factions of a registered trade union - The National Industrial Court has jurisdiction to hear a suit between two factions of a registered trade union and other applications pertaining thereto