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1996 MarsdenLR 1405

COURT OF APPEAL KUALA LUMPUR
KESATUAN PEKERJA-PEKERJA PERKAYUAN – Appellant
Versus
SYARIKAT JENGKA SDN BHD – Respondent


JUDGMENT

Gopal Sri Ram JCA:

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 will 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 appellant's members.In 1985, the appellant and the respondent entered into a collective agreement ('the collective agreement') cll. 38(95) to 38(99) of which reads as follows:

Article 38: Duration And Termination

95. This agreement shall remain in force for a period of three (3) years from 1 January 1985 and continue to be in force unless terminated by three (3) 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 until a new collective agreement comes into effect even after expiry of this period.

97. During the currenc

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