Salleh Abas FJ:

This Originating Motion is an application by Hotel Jaya Puri Bhd. (in this judgment referred to as "the Hotel") for an order of certiorari to quash an award made against it on 1 August 1978, by the President of the Industrial Court ordering the Hotel to pay compensation of two months salaries plus fixed allowances in favour of workmen employed in the business of Jaya Puri Chinese Garden Restaurant Sdn. Bhd. (referred to as "the Restaurant").

The Hotel is a company incorporated on 16 November 1973, and the Restaurant is also a company incorporated on 31 July 1974, and is a fully owned subsidiary of the Hotel. There were 56 workers of various categories employed in the business of the Restaurant. These workers are members of a trade union known as the National Union of Hotel, Bar and Restaurant Workers (referred to as "the Union") which was accorded recognition both by the Hotel and the Restaurant on 12 July 1975 and 3 July 1975, respectively. Subsequently, the

Union signed two separate three year Collective Agreements with the Hotel on 30 October 1975 and with the Restaurant on 1 February 1976. The Collective Agreements were duly recognized by the Industri