AWARD

Franklin Goonting:-

[1] This trade dispute concerns the proposed terms of a Collective Agreement for the period 1 January 2003 to 31 December 2005. As named in the ministerial reference the union/applicant is Kesatuan Kebangsaan Pekerja-Pekerja Perdagangan(NUCW) while the respondent is Bumiputra Commerce Factorlease Berhad.

[2] On 30 August 2007 NUCW filed an application to join the National Union of Bank Employees (NUBE) and CIMB Bank Berhad (CIMB) as parties to the dispute. The court understands this to mean that NUCW wants itself to be substituted by NUBE and the respondent to be substituted by CIMB. It is an extraordinary application in that it seeks a replacement of parties on both sides of the contention ie. the contender and the defender, by outsiders. When asked by the court whether there was any precedent for it, Mr. Chandra, counsel for NUCW, candidly replied in the negative, adding that he was trying to cover new ground.

[3] Supportive and opposing affidavits, and written submissions were filed and the court and its panel heard further oral submissions on 30 July 2008 and it now gives its ruling. The facts wherever referred to herein are gleaned from the said affidavit