:

Preliminary

These were two appeals (heard together for convenience) by the Minister of Human Resources (the Minister) and the National Union of Bank Employees (NUBE), respectively, from the decision of the Court of Appeal, allowing the appeal of the Association of Bank Officers, Peninsular Malaysia (ABOM), from the decision of the High Court, refusing an application for an order of certiorari to quash the decision of the Minister made under s 9(5) of the Industrial Relations Act 1967 (the Act) that certain employees of Perwira Affin Bank (the Bank) who were tellers and receptionists and who had been upgraded/promoted to the status of internal officers (the relevant officers) had not thereby become officers employed in an executive capacity within the meaning of s 9(1) of the Act.

In this judgment, all references to sections, unless the context otherwise requires, are to sections of the Act.

The Proceedings in the High Court

In the High Court, the applicants were, of course, ABOM whilst the Minister, the Bank and NUBE, were the first, second and third respondents, respectively.

Broadly stated, the grounds upon which ABOM relied to impugn the deci