Eusoffe Abdoolcader FJ:

A trade union recognition dispute between the appellant and the second respondent was referred to the first respondent, the Minister of Labour and Manpower, who gave his decision on 23 November 1981 in Form D as prescribed by the Industrial Relations Regulations, 1980 that the appellant extend recognition to the second respondent as from 22 June 1981 for the categories of employees stipulated therein. The appellant by an ex parte motion taken out on 9 January 1982 sought leave to apply for certiorari to quash this decision of the Minister `made under s. 9(5) of the Industrial Relations Act 1967 and dated the 23 November 1981'. Leave was granted accordingly by an order made by Hashim Yeop A. Sani, J, on 5 February 1982 whereupon the appellant applied by a substantive motion inter partes on 17 February 1982 for certiorari. The learned Judge heard the application and dismissed it on 29 July 1982 aquo the appellant lodge an appeal to this Court.

At the outset of the hearing of this appeal we raised the question of the appellant being out of time in his application for leave for certiorari in the light of the provisions of O. 53 r. 1A of the Rules of the