Abdul Aziz J:

This is an application by way of motion for rule absolute requesting that this Court do "grant an order of prohibition to stay proceedings in the first respondent Court (Industrial Court) in respect of Case No. 5 of 1968" on the ground that the Industrial Court lacked or was acting in excess of its jurisdiction.

The affidavits show that the dispute referred to the Industrial Court under s. 8(4) of the Industrial Relations Act 1967 concerned two rival trade unions, the Kesatuan Pekerja 2 Kenderaan Sri Jaya (KPKSJ) and the Kesatuan Pekerja 2 Pengangkutan (KPP) both claiming to represent the employees of the Sri Jaya Transport Company and both seeking recognition by the company.For the purposes of proceedings, which apparently was initiated by KPP, KPKSJ was ordered to be joined as a party under s. 9(2).

The relevant portions of the interim award could be summarised as follows:-

(a) That the Ministry of Labour be invited to conduct a secret ballot amongst the workers of the company to determine which of the two unions should represent them in relation to wages and other conditions of services;

(b) If the greater number of votes in the ballot is in favour of K