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ASSOCIATION OF SENIOR STAFF OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS AND 1. NICON INSURANCE CORPORATION 2. SENIOR STAFF ASSOCIATION OF UTILITIES, STATUTORY CORPORATIONS AND GOVERNMENT - OWNED COMPANIES (NATIONAL INDUSTRIAL COURT) HON. JUSTICE B.A.ADEJUMO - PRESIDENT PROF. B.B. KANYIP - MEMBER MRS V.N.OKOBI - MEMBER SUIT NO: NIC/20/2002 DATE OF RULING - 31ST MAY, 2005. LABOUR LAW Trade dispute - Inter-union dispute - Need to go through processes in Part 1 of the Trade Disputes Act, Cap.432, Laws of the Federation of Nigeria 1990 -Failure to so do - Effect. TRADE DISPUTE Inter-union dispute - Need to go through processes in Part 1 of the Trade Disputes Act - Failure to so do - Effect. ISSUE Considering the processes before the National Industrial Court, whether the court had the jurisdiction to hear the matter. FACTS The Applicant filed an application before the National Industrial Court for the interpretation of Article 9, Part 1, Section 1, and Article 2(h)(iii), Part 1, section 1 of the main collective agreement between the Applicant and the Nigerian Employers’ Association of Banks, Insurance and Allied Institutions and for any order or orders the court may deem fit to make in the circumstance The application was filed on 28t October, 2002. Also filed on 28t October, 2002 was a motion on notice for: interlocutory injunction restraining the 1St Respondent from having any industrial relations dealings whatsoever with the 2 Respondent in respect of the Applicant’s members in the 1st Respondent’s branch as only the Applicant is the appropriate legal union/association created for them by law; pending the hearing and determination of the substantive suit. The Applicant did not attach the collective agreement sought to be interpreted. The Applicant also sought an adjournment on 31st May, 2005 to file along with other processes the said collective agreement. Considering the processes before the court, the court suo motu raised the issue of jurisdiction as per the cause of action. HELD (Striking out the suit,): On Effect of failure of an inter-union dispute to go through the processes of Part 1 of the Trade Disputes Act - An inter-union dispute ought to go through the processes of Part 1 of the Trade Disputes Act. In the instant case, the motion sought to be moved by the Applicant dealt with an inter-union dispute, and given that no collective agreement was even before the court, the court declined jurisdiction to hear the matter.