Abdul Malek Ahmad FCJ:

By originating summons dated 7 September 1991, the respondent as plaintiff in the High Court sought the following orders against the appellant who was then the defendant:

(1) That the employees of the defendant who opted to become pensionable as a result of the implementation of the Harun Scheme of service are entitled to participate and benefit under the Staff Provident Fund from its date of implementation until the date of the Harun Scheme of implementation becoming effective.

(2) That Employees of the Defendant who opted to remain eligible for Employees Provident Fund as a result of the Harun Scheme are entitled to all rights under the Staff Provident Fund.

(3) Costs of and incidental to this application be costs in the cause.

(4) Such further and/or other relief as may this Honourable Court deems fit and proper to grant.

This was followed by the summons in chambers filed by the appellant dated 9 November 1991 for the originating summons to be struck out under O. 18 r. 19 of the Rules of the High Court 1980 (hereinafter "the Rules") or under the inherent juri