Download PDF
NIGERIA UNION OF MINE WORKERS AND REGAL MINERAL INDUSTRIES LIMITED (NATIONAL INDUSTRIAL COURT) HON. JUSTICE B.A.ADEJUMO PRESIDENT BARR. M.B. DADDA MEMBER MR M.A.B. ATILOLA MEMBER SUIT NO: NIC/4/2004 DATE OF RULING 9TH JUNE, 2005 LABOUR LAW National Industrial Court - Power’s thereof-Power of to depart from its rules – Whether include power to grant leave to applicant to withdraw action in the absence of respondent. LABOUR LAW Trade dispute - Resolution of - Process of -Failure to follow - Consequences of – Effect on jurisdiction of the National Industrial Court. NATIONAL INDUSTRIAL COURT Power of National Industrial Court - Power of to depart from its rules - Whether include power to grant leave to applicant to withdraw action in the absence of respondent. TRADE DISPUTE Resolution of trade dispute - Process of -Failure to follow - Consequences of- Effect on jurisdiction of the National Industrial Court. ISSUE Whether the court can use the provisions of rule 4 of its rules, which permit it to depart from any of its rules, to grant leave to an Applicant to withdraw an action in the absence of the Respondent. FACTS The Applicant filed an originating summons against the Respondent pursuant to section 2(1) of the Trade Disputes (Amended) Decree No.47 of 1992. The facts constituting the case raised a number of trial issues. Still, the parties filed a terms of settlement, which contained some anomalies. The court suo motu observed that the facts of the case raised triable issues and that the Applicant ought to have followed the due process of trade dispute resolution. Subsequently, the counsel to the Applicant applied to the court to give the Applicant leave to withdraw the action though the Respondent was not present in court. HELD (Striking out the suit): 1. On Power of National Industrial Court to depart from its rules - The provisions of rule 4 of the National Industrial Court Rules permit the court to depart from any of its rules. In the instant case, though the Respondent was not in court on 9 June, 2005 when the counsel for the Applicant applied to the court for leave to withdraw the action, the court invoked the said rule and granted the Applicant leave to withdraw the action. 2. On Consequence of failure to follow due process of trade dispute resolution - Where the facts of a case before the National Industrial Court are triable issues that should be adjudicated upon in accordance with the provisions of the Trade Disputes Act, an Applicant ought to follow the due process of trade dispute resolution. Where an Applicant does not follow the due process, his matter will be pre-mature before the court, and the court will have no jurisdiction to entertain the matter.