JUDGMENTBY: GOPAL SRI RAM JCA

GOPAL SRI RAM JCA (delivering the judgment of the court): This is an appeal against the decision of the High Court quashing, by the issue of certiorari, an award of the Industrial Court (the second award) interpreting an earlier award (the first award) by that court. When, at the conclusion of arguments before us, we allowed the appeal, we indicated to counsel that reasons for our decision would be given in due course. These now follow.

The appellant is a registered trade union whose members are engaged in the timber industry. The respondent is a private limited company that employs a number of the appellants members. In 1985, the appellant and the respondent entered into a collective agreement (the collective agreement), cll 38(95)-38(99) of which read as follows:

ARTICLE 38: DURATION AND TERMINATION

(95) This agreement shall remain in force for a period of three years

from 1 January 1985 and continue to be in force unless terminated

by three months notice in writing given by either party to the

other party on or after 1 October 1987.

(96) However, this agreement shall continue to be in force unt

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