JUDGMENT

Noorin Badaruddin J:

[1] This is an application by the Applicant for an order of certiorari to quash the decision of the 1st Respondent dated 10 December 2019 who decided to refer the dispute on the 1st Collective Agreement (hereinafter referred to as the "CA") between the Applicant and the 2nd Respondent to the Industrial Court.

Background Facts

[2] The 2nd Respondent is a registered Trade Union under the Trade Unions Act 1959 on 20 June 1988 to represent the executive grade of employees in the Company. The 2nd Respondent had as far back in 1993 sought recognition from the Applicant to represent employees employed in the executive capacity of the Applicant. As there was no accord reached, the 2nd Respondent escalated the issue to the Industrial Relations Department ("IRD") under s 9(4) of the Industrial Relations Act 1967 (" IRA ").

[3] On 29 March 1993, the IRD wrote to the Applicant proposing to arrange a membership check to assist in resolving the said claim of recognition and instructed the Applicant to produce the list of workers employed by the Applicant as at 15 February 1993.

[4] It has been informed to the IRD by the Applicant of its position that a number of employe