Raja Azlan Shah CJ (Malaya):

This is an appeal from the decision of Hashim Yeop A. Sani, J dismissing the application of the appellants for an order of certiorarito quash the decision of the Industrial Court (`the Court') holding it had jurisdiction to hear and determine two applications under the provisions of s. 33A of the Industrial Relations Act, 1967 (`the Act')to refer to the High Court certain questions of law that had arisen out of two awards made by a different panel of the Court. To appreciate the arguments that have been raised before us it would be necessary to state a few facts.

On 16 August 1979 the Minister of Labour and Manpower referred two trade disputes between the National Union of Hotel, Bar and Restaurant Workers, the 1st respondent to this appeal, and Hotel Malaya Sdn. Bhd., Kuala Lumpur and Kuala Lumpur Restaurant Sdn. Bhd., the appellants, to the Court. On 30 May 1981 the Court composed of Encik K. Somasundaram as Chairman and three members - Datuk K.K. Nair, Encik Jaffar Mohd Ali and Encik Chiew Peng- handed down two awards. Encik K. Somasundaram has since retired. On September 18 1981 the Court constituted of Harun Mahmud Hashim J, President of t