THE Ibadan Division of the National Industrial Court (NIC) has adjourned ruling in an application filed by the Oyo State Government in the suit seeking to stop the ongoing workers’ strike.
The government had applied to withdraw and substitute a motion against the Nigerian Union of Teachers (NUT), Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC).
The government sought the leave of the court to withdraw the motion seeking the court’s injunction to stop the workers’ strike.
But the teachers union urged the court to dismiss the application.
Counsel to the teachers union, Waheed Olajide, said the application required notice, which the claimant did not comply with in line with Order 19 Rule 17 (1) of the NIC 2007.
Joined in the suit as respondents are the NLC, its Oyo State chapter and the state TUC.
Counsels to other respondents did not oppose the application.
The Director of Civil Litigation, Oyo State Ministry of Justice and Advisory Services, Mr. S.O. Adeoye, brought the application for withdrawal of the suit.
Adeoye said the government wished to join in six respondents in the substituted suit.
But Olajide said the claimant could not have multiplicity of actions against the same person.
He said: “We are objecting to the withdrawal based on the fact that the required notice was not given and the claimant did not comply with Order 19 Rule 17 (1) of the NIC.
“We have also joined issue by filing preliminary objections contesting the jurisdiction of the court and the competence of the suit.”
According to the lawyer, justice is not only meant for one party, but for all parties involved.
He added: “We are contending at this stage that the appropriate order is an order of dismissal and not of substitution.”
Adeoye, however, opposed the objection, saying the proceeding was for the hearing of a motion on notice and not for the substantive matter.
According to him, the submission of the respondent is an attempt to mislead the court.
Justice Faustina Kola-Olalere adjourned ruling on the application for withdrawal to July 12.
Workers in the state had on June 13 embarked on industrial action to protest the alleged non-payment of over five months’ salaries.