Gopal Sri Ram JCA:

Introduction

There are two appeals before this Court. Both appeals are directed against the same decision of the High Court. The first is by Hong Leong Equipment Sdn. Bhd. For convenience I will refer to it as the appellant. The second is by the Minister of Labour and Manpower whom I shall simply refer to as 'the Minister'. I must first say a few words about how both these appeals came to be heard together.

When we commenced this session on 4 December 1995, we had only the appellant's appeal before us. We were unaware of the Minister's appeal at that time. However, when Encik Sivabalah commenced his submissions on behalf of the appellant, he informed us of it, but went on to say that he was given to understand that the Minister's appeal had been withdrawn and disposed of for failure to lodge the record of appeal within the time limited by the Court of Appeal Rules 1995. He said that those having conduct of the matter on behalf of the Minister were aware that the appellant's appeal had been scheduled for hearing during the present sitting of this Court and that he had been informed that Counsel having conduct of the matter on the Minister's behalf would b