Raja Azlan Shah CJ (Malaya) (delivering the judgment of the Court):

This is an appeal by the National Union of Hotel, Bar and Restaurant Workers ("the appellants") against the decision of Gunn Chit Tuan J made on 2 January 1980 refusing to grant an order of certiorari to quash the decision of the Minister of Labour and Manpower ("the Minister") to refuse to refer to the Industrial Court a trade dispute involving the dismissal of five hotel workers of the Casuarina Beach Hotel Penang, who are members of the appellants under s. 26 sub-section (2) of the Industrial Relations Act, 1967. The subsection is in these terms:

(2) The Minister may of his own motion refer any trade dispute to the Court if he is satisfied that it is expedient so to do.

On 22 May 1978 at about 10pm the five hotel workers together with one Raman Che Mat (a non-union member) were found gambling while on duty in the hotel premises. A domestic inquiry was held on 29 May 1978 before they were all dismissed for gambling while on duty and neglect of duty.

Raman Che Mat being a non-union member made representations to the Director-General for Industrial Relations under s. 20(1) of the Act. Three meetings wer