JUDGMENTBY: WAN SULEIMAN SCJ, MOHAMED AZMI SCJ, HASHIM YEOP A SANI SCJ

WAN SULEIMAN SCJ I have had the advantage of considering the judgments of my brethren and I would with respect concur with that of Tan Sri Dato Haji Mohamed Azmi.

In particular I would say that his construction of sections 14(2) and 17(2) of the Act would be the one I would perforce adopt myself.

We were assured from the Bar that most collective agreements have a "continuation" clause keeping alive the "terminated" agreement until a new one is agreed upon, a negotiating exercise which may take considerable time.

Perhaps the majority judgment will ensure that such a continuation clause becomes a standard provision in all collective agreements.

MOHAMED AZMI SCJ This appeal arose from the interpretation of article 1 clause (b) of a collective agreement on terms and conditions of employment entered into on December 29, 1975 between the appellant (hereinafter referred to as "the union") and the respondent (hereinafter referred to as "the company"). Under the heading of "PERIOD AND TERMINATION OF AGREEMENT," article 1 is in the following terms:-

"Clause (a) This Agreement shall be effective and in force for three (3)

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